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Kane County authorizes purchase of state trust land to restore Churchwells property access; attorney to negotiate contract limits
Summary
The commission approved buying a trust-land parcel (Certificate 27339) to resolve survey-related loss of legal access for Churchwells property owners, directing the county attorney to negotiate removal of restrictive terms before final conveyance; staff said the county will resurvey, dedicate road right-of-way portions, and facilitate deed conveyances to individual owners.
Kane County commissioners on March 24 authorized county staff to move forward with purchasing State of Utah School and Institutional Trust Lands certificate of sale number 27339 to remedy a survey/monument issue that left several Churchwells parcels without legal access.
Staff explained that portions of land originally removed by monumenting and survey errors eliminated legal access and left small, landlocked parcels and lost driveway access. The Economic Opportunity Board previously provided grant funds to help affected property owners; staff said the county will take title to the trust parcel, resurvey and dedicate roughly half the parcel as a county Class B road consistent with the subdivision, and then help property owners correct legal descriptions so they can obtain deeds for their parcels.
County attorney Jeff Scott advised caution: the trust-land seller’s draft contract included terms that might retain mineral/oil rights or otherwise restrict future use. Commissioners approved the purchase while explicitly directing the county attorney to negotiate removal of restrictive contract terms before final conveyance of parcels to private owners. Staff noted the seller had previously offered a favorable price (discussion referenced about $14,000 in conversation), and urged timely negotiation because the seller indicated price pressure.
The commission’s motion approved the purchase with the caveat that attorney-negotiated changes be completed prior to finalizing deeds; staff will report back when negotiations are complete and when resurvey/road dedication steps are scheduled.
