Residents press Ellis County to clarify maintenance of Wheatland Avenue near 27th Street; commissioners order limited smoothing

Residents and property owners near Wheatland Avenue pressed the Ellis County Board of County Commissioners on repeated damage to a gravel route used by VOTEC students and local businesses, asking the county to resume maintenance after a semi truck became stuck and tore up the corner.

Lane Adams and other residents told commissioners the route has been maintained intermittently for decades and carries frequent traffic from the VOTEC school and a nearby container-storage business. "For years... the county has always maintained it," one longtime resident said, urging officials to treat the stretch as a public access used by students and local traffic.

County attorney Bill Jeter told the commissioners his preliminary review found no document in the registered deeds showing the county formally accepted the roadway as a public right of way. "There is no document filed in the registered deeds where the county has accepted and this road has become a public right of way," Jeter said, noting that acceptance typically requires a plat, deed, easement or an official action by the commission.

Commissioners and staff reviewed parcel maps and surveys during the meeting and discussed an earlier Tallgrass Number 4 replat that vacated part of a labeled right of way to the north. Staff noted the city of Hays had acquired a utility easement in 2018 along part of the corridor, and commissioners said some stretch of the route appears to be private property or private easements rather than a statutorily established county road.

Given the mixed title history and the safety concerns raised by residents, the commission did not commit to long-term reconstruction. Instead, commissioners directed public-works staff to perform limited smoothing (blading) of the northern east–west section and the north–south approach to stabilize the entrance and address immediate hazards through the end of the semester, but said they would not undertake full reconstruction or add new material at this time. Commissioner 2 suggested a short-term approach: "I would suggest that we put a little bit of effort into it and then help work through this with these individuals..." which the board supported as an interim step.

Commissioners asked staff to contact NCK Tech about whether the school would close a gate at its entrance to reduce through traffic, and to return with clearer records about ownership, easements and any prior agreements. County staff also outlined two long-term options: (1) landowners jointly convey the necessary right-of-way or easement to the county through survey and replatting, or (2) resolve access as a civil/easement matter among private parties. The board noted that if the county formally accepted a right-of-way in the future it could also assume responsibility for long-term maintenance, but that currently the county’s legal exposure and fiscal policy weigh against routinely maintaining roads that lack recorded acceptance.

The commission said the interim smoothing work is intended to improve safety while landowners, NCK Tech and staff pursue a permanent solution. Commissioners indicated they would not fund major reconstruction or move utilities until property and easement issues are resolved and any necessary right-of-way is obtained.