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Chase County hesitates on hospital walking-path easement, cites statutory limits on county property
Summary
County attorneys told the board state law restricts long-term leases or sales of county property to fair market value, prompting commissioners to decline proceeding with a proposed easement for a hospital walking path unless legal issues are resolved.
A proposal to grant a long-term easement for a hospital walking path stalled at the Chase County commission meeting April 28 after legal counsel said state law restricts county authority to convey or lease county property except at fair market value.
Jan Elliott and Jim Pirog reported that Nebraska Game and Parks had agreed to a modified walking path tied to grant funding. County Attorney Burke advised that statutes apply to the county (not the city) and that the county board’s authority to manage county property does not allow giving a long-term easement without consideration. County commissioners said they did not believe approving the easement would be in the county’s best interest if it might be unlawful, and indicated they did not wish to proceed with the project under those conditions.
The board’s decision was framed as a legal precaution; no formal motion to grant an easement was recorded, and the board identified the need to determine whether any conveyance could meet statutory requirements for fair market value or other exceptions before taking further action.
