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County tells resident to seek easement or petition as Trail Road lacks established county status
Summary
After a resident raised concerns about access via Trail Road, county counsel said there is not an established county road past the quarter section from 100th Road and advised seeking an easement from landowners or filing a petition with the Board to establish the road.
A Concordia-area resident who asked the Cloud County Board for assurance of continued access to his land via Trail Road was told the county does not consider the road an established county road past the quarter section from 100th Road and was advised to pursue an easement or a formal petition.
Dean Hanson asked the Board for assurance that he would still have access to his land. Ryan McMillan discussed next steps he is pursuing for Trail Road. Attorney Mike Montoya told the Board, "there is not an established county road past the quarter section of Trail Road from 100th road," and advised that the best option is for the current landowners to grant an easement to the property owner. Montoya said that if no easement is granted, the property owner may file a petition with the County Commissioners that includes an exact legal description to request establishment of a county road; the petitioner would be responsible for purchasing any land and paying expenses to build the road. Montoya said he would contact the attorneys for McMillan and Clerk Thoman to follow up.
The Board did not commit to creating a county road during the Nov. 3 meeting; rather, the guidance given was procedural (easement or petition) and included a reminder that establishing a county road carries costs for land acquisition and construction that would fall to the petitioner.
