Shawnee County commissioners defer decision on vacating part of Southeast Herschel Road amid safety and access dispute

Shawnee County commissioners on March 19 opened a public hearing on resolution R2026034, a proposal to vacate a portion of Southeast Herschel Road, and recessed the issue for further study after a daylong exchange about safety risks from active mining and whether vacating the road would permanently deny the Halbert Trust access to its land.

The hearing featured competing testimony. Lee Hendricks, representing Midstates Ventures and Midstates Materials, told the commission the road is a public-safety hazard as mining progresses, saying the drop adjacent to the roadway “could go to a depth of up to 200 ft” and arguing the county should vacate the road promptly to protect the public. Hendricks described the leases affecting the area and said the mining and remediation timelines meant portions of the road would remain hazardous for decades.

Monmouth Township officials supported removing public access. Gilda Singleton, a Monmouth trustee, said the township had initially voted to vacate the road, then reversed that vote after receiving new information, but that public-safety remains the overriding concern: “We want some way to block off the road with concrete barriers or a gate or something to keep people off of that road to protect the township,” she said.

Representing the Halbert Trust, attorney Brian Jakes opposed vacating the roadway, saying the road provides essential access to the trust’s upper parcel and warning that vacating the road would leave the trust unable to regain the access later. Jakes disputed claims about the immediate severity of the drop, saying in his view the current drop shown in the Halbert photos was “about 20, 25 ft” and arguing the parties had not reached a negotiated solution to preserve access.

Commissioners asked for site visits, additional plan-view mapping and time to review the contrasting evidence. Commissioner Aaron Mays moved to defer action and recess the matter until April 16, 2026, a motion seconded and approved 3-0; the board also voted to leave the public hearing open pending that follow-up. Commissioner Bill Ripon said he would like to visit the site and view the area from 45th Street before voting.

What happened next: By deferring, the commission kept open the option of vacating the roadway, imposing limited physical controls (such as gating or barriers) or pursuing negotiated access terms between landowners and mining interests. The record left unresolved competing claims about current drop heights, the feasibility and cost of alternate access from 53rd Street, and the precise remediation timeline; commissioners requested additional factual material and a site visit before taking a final vote.

The public hearing will remain open and the commission expects to revisit the matter on April 16, 2026.