Landowner asks Brown County to vacate unused road; county counsel outlines 60‑day legal process

A landowner asked the Brown County Board of Commissioners to vacate roughly 700 feet of a dirt road near a creek, saying the bridge that once made the road passable has been out of service for decades and that vacating would allow him to place a fence on his property line rather than observe a 20-foot setback.

County Counselor Austin reviewed the legal steps the county must follow. "It's a state statutory process on how we go about road vacation," he said, noting that an adjacent landowner may file a petition, notice must be published in the county paper, and the board can appoint three disinterested viewers to inspect the road. "It takes about 60 days from when we were to start" to complete the process, Austin said, and a survey may be needed to locate the center line and any utilities or easements to be retained.

Commissioners asked whether the board could vacate only part of the right-of-way to preserve access for neighbors; Austin said that is possible. He cautioned that the county must consider any remaining utilities, potential water-damage claims, and the cost of surveys and viewers. Speakers noted county map records show the segment might not appear as an active road while other legal documents still list it as a roadway with a 40-foot easement (a 20-foot setback from center line).

The board directed counsel to investigate further and return with more detailed guidance and estimated costs at a future meeting. Commissioners said they are inclined to work with the landowner but want formal survey and statutory notice steps followed so the process is transparent and administratively correct.

Next steps: the county counselor will prepare specifics on the survey requirement, viewer appointment procedure and notice timeline for a follow-up meeting so the board can determine whether to accept a petition or initiate a vacation.