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Rock quarry owner warns Deschutes County a 40‑acre federal conveyance lacks access; county legal staff flags limits to conditioning sale
Summary
A Spring View Rock owner told the county the 40‑acre federal parcel east of La Pine can’t be mined without access across private quarry land; county counsel said the county can delay sale or request access conditions but likely can’t compel adjacent owners to provide easements.
At the Nov. 17 Deschutes County Board of Commissioners meeting, Al Sherkin, who identified himself as owner of Spring View Rock, urged the board to consider access constraints before accepting federal conveyance of a 40‑acre parcel east of La Pine.
Sherkin said the parcel’s only practical road access crosses land controlled by an existing quarry (identified in the record as Findlay/Benin Butte/Bendly Butte). He told the board his company has more than 1,200 acres of active mine plan and currently stocks more than 10,000 tons of aggregate on site; he argued the conveyed parcel would not be usable for mining unless access rights or weight‑qualified easements are secured.
County legal staff (Dave Doyle, County counsel) responded that the county could delay putting the parcel on the market or condition a sale request on demonstration of access, but cannot force a neighboring private owner to provide access. Counsel noted the ultimate terms of any federal conveyance are not yet known and could impose constraints on the county’s actions.
Commissioners heard that conditioning the sale on obtaining access could be used as leverage to preserve an open, competitive process, but that the county’s options are limited if the adjacent owner is the most likely bidder. No decision to accept or convey the parcel was reached during the meeting; staff and counsel framed the conversation as preliminary and contingent on the federal transfer terms.
The board signaled it would continue to evaluate legal options and the practical implications of any transfer before placing the parcel on the market.
