Landowner raises access concerns as Oliver County reviews revised detour for 37th Avenue overpass

Representatives for BNI presented a revised detour alignment for the proposed overpass on 37th Avenue and said the overpass design itself is unchanged from the version approved last August, but the north entrance would be modified to limit disturbances within the county right of way.

"So Vee and I, we're here today to present the revised design to the detour road associated with the proposed overpass on 37th Avenue," the BNI presenter said, summarizing the packet of written findings the company supplied. The written findings, BNI said, assert the county's authority over the road and aim to meet requirements in the North Dakota Century Code and administrative code.

A nearby landowner told the commission the new approach appeared narrower than his existing entry and could impair access for semi trucks and farm equipment used during haying season. "It just potentially opens up the opportunity for a case of reverse condemnation," the landowner said, asking for an engineering review and written commitments from the developer and county.

The county's attorney advised the commission that the governing legal question is whether the landowner retains a reasonable means of access and whether ingress and egress are "substantially impaired." "While an abutter has a right to access an adjoining highway, such right is subject to the superior interests of the state," the attorney told the board, citing controlling case law and warning that courts focus on function, not just driveway existence.

Engineers and BNI representatives told commissioners the approach dimensions can be adjusted. The county heard that some local county standards for hauling and large equipment call for 3090 to 40-foot widths; the landowner said his current approach operates as a roughly 40-foot entrance. BNI said its resolution would include a commitment that it "will be financially responsible for construction of any and all replacement private land owner access approaches or routes to a standard equivalent, or better than what existed prior to the removal as determined by a county engineer." Commissioners asked for that commitment in a detailed design and a clear scope of what disturbances and compensation, if any, would be required.

Faced with outstanding engineering and legal questions, Commissioner (S1) moved to table action on the overpass until the April 14 commission meeting so Moore Engineering and other engineers can prepare a detailed replacement-approach design and meet with the landowner; the motion was seconded and carried by voice vote. County staff and BNI representatives said engineering designs and written documents would be circulated before the next meeting.

The commissionwill revisit the item April 14 after the engineering review and any additional documentation are provided.