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Carter County commissioners weigh options to restore access to Durham Road
Summary
Commissioners heard from Carl Knapp about cost and legal hurdles to restoring access to a landlocked parcel along Durham Road, discussed petitions and a judge’s prior decree, and agreed to delay construction until landowner petitions, surveys and legal issues are clarified.
The Carter County Board of Commissioners spent an extended portion of their meeting discussing options to provide legal road access to a parcel that officials say is effectively landlocked after historical changes to Durham Road.
Carl Knapp, who asked the commission for guidance, said an area near a beaver dam is now marsh and “that whole flat across there is gonna be nothing but marsh,” and that building a road through it would require “thousands and thousands of yards of material” making the crossing infeasible. Knapp proposed an alternate option: convert an existing agricultural access off Patton Road into a county road, a route he said would be about 0.7 miles and would give the Ryerson property county road access.
Commissioners discussed the legal history of Durham Road and referred to a judge’s decree that concluded a portion of the road had been abandoned improperly. One commissioner summarized his reading of the judgment as saying the road “was abandoned illegally” but noted the decree did not necessarily require the county to rebuild the road. The board and staff emphasized petition rules: current Montana practice discussed at the meeting requires a petition of freeholders to create a new county road ( commissioners cited a requirement for 10 freeholders), and commissioners said the county cannot initiate petitions on landowners’ behalf.
Several commissioners and staff said the county has already spent money on surveys—roughly $25,000—and that some survey work may be usable for alternate routes. But they cautioned that rerouting or constructing a new route would require significant additional approvals and landowner agreements. One commissioner said the Durham Road issue had surfaced at a recent candidate forum and suggested the commission hold a public meeting after the primary election to bring affected landowners together, show proposed maps, and see whether a petition or an agreed route can be produced.
No construction direction was authorized. Commissioners and Knapp agreed it would be premature to move heavy equipment into the area until petition and landowner questions are resolved. The chair asked staff to place the item on the agenda for further consideration at a future meeting so the commission can review any petition, maps or other documentation that emerges.
