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Council declares small parcel surplus, rejects seeking prescriptive easement
Summary
Council designated a corner parcel as surplus property to free it for possible sale or trade and voted against pursuing a prescriptive easement through outside counsel over a longstanding access dispute at 169 North 100 West.
The Orderville Town Council declared a small parcel (Parcel 0‑35‑05) across from the ballpark as surplus property and separately decided not to pursue a prescriptive easement on private property, ending a months‑long access dispute.
Council members discussed the parcel’s history — originally reserved for road use — and said declaring it surplus would separate the land from the road parcel and allow the town to sell, lease or trade it later. A motion to declare the parcel surplus passed by voice vote.
On a separate item involving barriers and access at 169 North 100 West, staff and council discussed potential legal routes, including pursuing a prescriptive easement through counsel. After debate — and a recommendation from at least one councilor to deny the town seeking a dedicated prescriptive easement through outside attorney Snow Jensen & Reese — the council voted to deny initiating that legal action.
Council asked their in‑house counsel to review maps and propose recommendations if future action is warranted; for now, the town will not initiate prescriptive‑easement litigation through the referenced outside firm.
