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Resident asks Marshall County to vacate neighborhood right-of-way; county attorney outlines three paths forward
Summary
Rhonda Medley told the Marshall County Commission she wants the county to vacate a 25-foot right-of-way that overlaps her house; the county attorney said adjoining-owner consent is required or the commission must show a countywide public benefit, otherwise Medley must pursue a judicial vacation in circuit court.
Rhonda Medley, a resident of 1520 White Elephant Road, told the Marshall County Commission on April 8 that her house was built across a platted lot line and partially over an established 25-foot right-of-way and asked whether the county could vacate that strip.
The county attorney (Clint May) told Medley the county recognizes three legal paths to remove a public right-of-way: a petition signed by the adjoining landowners requesting vacation; an action by the commission if it can articulate a countywide public benefit; or a judicial vacation pursued in Marshall County Circuit…
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