Whitley County declines to vacate Crampton Road alley but allows adjacent owners to remove hazardous tree with insurance

At its April 20 meeting the Whitley County Board of Commissioners closed a public hearing on a petition to vacate a 10-foot alley between properties on Crampton Road near Cedar Lake and voted not to transfer the strip to private owners. Instead the board approved a motion allowing the adjacent property owners to hire a licensed contractor to remove the large tree in the county right-of-way if the contractor provides proof of insurance.

The petitioner, Kelly McDaniel, said the tree has been unsafe and has limited use of the alley; she said she has lived at the property for 20 years and asked the county either to vacate the alley or maintain or remove the tree so she is not responsible for maintaining county property. “I lose sleep at night when it storms worrying about it,” McDaniel said, describing concern that limbs or the whole tree could fall on neighboring structures.

Neighbor Judy John Cox spoke against vacating the alley and said residents have historically shared maintenance of the tree. Cox provided written and verbal estimates for tree removal, saying, “The high estimate is $8,400 and the low estimate is $3,400,” and added that if the alley were vacated property owners could post no-trespassing signs that would deny fishermen public access to the lake.

County Engineer Brad Allen recommended following county precedent against vacating narrow right-of-way strips that connect roads to lakes, arguing the land might serve future public utilities or access needs. Allen said the county’s usual practice is to preserve public access rather than transfer such strips to private ownership: “I don’t see that here” as a candidate for vacation, he said, but added the board could allow the property owners to remove the tree.

After discussion a commissioner moved to permit removal of the tree from the county right-of-way by a professional contractor that demonstrates appropriate insurance. The motion was seconded and carried by voice/raised-hand vote. The board did not vacate the alley; instead it authorized tree removal conditioned on proof of insurance from the contractor.

The board’s action leaves the alley as public right-of-way while providing a path for adjacent owners to address the immediate safety hazard through privately contracted removal with county-confirmed insurance documentation. The record does not include a roll-call tally with member names for the vote. The board returned to other agenda items after the vote.