Dearborn County tables two right-of-way petitions; parties urged to negotiate, staff to draft policy

The Dearborn County Board of Commissioners on Jan. 6 voted to table two requests to use county rights of way — a contested petition for access along Dog Ridge (also referenced as Dahlbridge/Duckridge in public filings) and a separate request for Old Houston Road off Bloom Road — until a Feb. 17 meeting to allow further research and negotiation.

At the Dog Ridge hearing, Krausz of JDJ surveying told commissioners the applicants sought permission "to upgrade their right of way for access" and said he had located an 1857 deed and historical minutes suggesting longstanding public use. Attorney Jared Eubank, representing Grackle Properties LLC and the Seavers, said his clients had executed an agreement to maintain the road, indemnify the county and limit future development, and urged the board to proceed under the apparent right-of-way process and to hold a public hearing. "We'll spend all the cost. We'll indemnify the county fully," Eubank said when describing the offered agreement.

Opposing counsel Grant Reeves, representing the Highlands and other neighbors, disputed the claim that the segment is a county road. Reeves said last month's denial of a vacation petition did not equate to a formal designation of the road and argued historical maps and maintenance records suggested abandonment dating back to around 1903. He warned that granting access by agreement could impose an enduring benefit for one landowner at the expense of others and said that could give rise to a constitutional takings concern under Article I, Section 21 of the Indiana Constitution.

Joseph Graff, a property owner who appeared with Grama Properties LLC, told commissioners the roadway appears on county plats and historical surveys dating to the 19th and early 20th centuries and said the family asked only to make "minimal improvements, primarily adding gravel and removing overhanging branches" to access their land without privatizing the right of way.

County attorney staff said they had drafted a proposed policy to address recurring right-of-way requests and suggested tabling both Dog Ridge and a similar Old Houston Road petition so that staff could review evidence, the engineer could inspect sites, and the parties could pursue informal negotiations. Commissioners approved a motion to table both items to Feb. 17 to allow those steps, with a board member saying the extra time might allow a "win-win" solution and staff to refine an ordinance or process.

The board did not adopt any ordinance or grant any access at the Jan. 6 meeting. County staff warned property owners not to assume county endorsement of on-site work; the county's attorney and planning staff said they would not sign off on access while the dispute remains unresolved.

The Feb. 17 meeting was set as the date for commissioners to revisit both requests after staff review and any negotiated agreements or additional documentation were submitted.