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Lincoln County commissioners direct counsel to draft resolution to vacate Viera Avenue after public hearing
Summary
After a public hearing Feb. 17, Lincoln County commissioners agreed to have legal counsel draft a resolution to vacate Viera Avenue in the Cody Land & Cattle Subdivision; highway staff said the road does not serve mail or school routes and commenters raised questions about surveying and maintenance responsibilities.
Lincoln County commissioners on Feb. 17 voted to authorize county legal counsel to draft a resolution to vacate Viera Avenue, a short street in Lot 12 of the Cody Land And Cattle Subdivision, following a public hearing.
Highway Superintendent Jason Schultz presented a December 4, 2025 study concluding the road “does not serve as a mail route or school bus route,” does not provide an essential alternate connection for the area, and that vacation “would not impede or limit access to any residents in the area.” Based on that report, Schultz recommended the board approve the vacation and abandonment of the right-of-way.
Property owner Jerry Viera, who told the board he lives at 2403 Viera Avenue, spoke in favor of vacating the road but asked whether the city would perform a survey of the west end and clarify property lines as part of any annexation. County Counsel advised the board that the formal resolution would be drafted by counsel and that a survey would normally accompany the document before final execution; the city would be the appropriate entity to confirm annexation boundary details.
Several residents raised concerns about maintenance and county capacity. Tory Copeland said he had driven the road and believed it had historically been treated as private; he questioned adding lane miles the county must maintain when existing roads already stretch county maintenance resources. Marshall Robinson asked whether “vacate” meant the county would stop maintaining the road or return it to private ownership; county staff confirmed vacation would likely return the parcel to the private owner and historical boundary lines would apply.
The board discussed the history of the road’s adoption into county ownership and the need to follow proper study and hearing procedures in the future. Commissioners then authorized legal counsel to draft a vacation resolution for consideration at the board’s next meeting. The motion carried on roll call.
Next steps: counsel will prepare the draft resolution and survey documentation for formal consideration and possible adoption at a subsequent board meeting; the resolution itself will be brought back to the board for final action and signature.
