Commissioners deny Bayshore Drive petition to replace guardrail with private gate after safety, legal concerns

Vanderburgh County commissioners denied a petition on Nov. 12 from Michael Melton seeking to replace a guardrail with a gate to access his 30-acre property from Bayshore Drive. The petition requested a culvert, a graded gravel entrance and a small staging area so farm equipment could access the land a few times per year.

Melton told the board he and his family own the adjacent 30 acres and that a title search (dated Nov. 5, 2024) showed no recorded ownership for a 22-foot strip at the end of the road. "Our property is private land with what could be accessible via private, public road," Melton said, and he described the gate as a way to notify drivers that the road ends and to reduce trespassing and liability.

HOA president Doug Russell opposed the request, saying neighborhood safety and existing road geometry make farm-equipment access inappropriate: "Access through the neighborhood is not allowed for school buses because the EVSC determined they can't safely operate in there," Russell told the board, and he said on-street parking and S-curves can create tight conditions for large equipment.

County staff and legal counsel reviewed records and told the board the paved extension identified in subdivision plats was not accepted by the county for maintenance after street improvements were approved on June 28, 2011. County counsel said state traffic-control standards for dead-end roads require particular signage and that a privately controlled gate would not satisfy those standards. The county’s description of the legal posture included: "Beyond that guardrail is where you get into the 22-foot strip and then on into your property," and staff urged the petitioners to consult private counsel about implied-easement or ownership claims.

Melton and a farmer who testified on his behalf said the proposed access would be seasonal and that improvements (a culvert and graded entrance) would eliminate a six-foot drop-off that prompted the county guardrail. Melton said the family previously transferred a 24-foot strip to neighbors for liability reasons but that the current situation leaves them with limited access to farm their land.

After hearing testimony from the petitioner, an agricultural contractor and HOA representatives and receiving staff legal analysis, a commissioner moved to deny the petition; the motion was seconded and recorded responses show the commissioners who answered voted in favor of denial.

What the county said: county staff emphasized that the public road ends at the asphalt and that moving forward with a privately controlled gate would be inconsistent with state manual requirements for dead-end signage and control. Staff offered to review ownership documents if the petitioner produced evidence that the guardrail sits on privately held property and advised private legal counsel for issues of implied easement.

Outcome and next steps: The petition to replace the guardrail with a private gate was denied. Staff advised the petitioners to consult private attorneys regarding title and implied easement claims and said the county could re-evaluate the guardrail placement if lawful property owners demonstrate it sits on private land.

Speakers at the hearing included petitioner Michael Melton, farmer/contractor Charles Scales, HOA president Doug Russell, county staff Noah Thomas and county legal counsel; the record contains detailed exchanges about plat dedication, roadway acceptance and neighborhood safety.

The denial concludes the administrative petition before the commissioners; any further remedy would occur through private legal action or additional filings that produce evidence of ownership or statutory easements.