Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Right Of Way Acceptance topic
No spam. Unsubscribe anytime.
County agrees to accept subdivision right-of-way to create public access for pending home build
Summary
After a months‑long ownership dispute that blocked a lot split and building permit, the Duchesne County Commission voted to accept a subdivision right‑of‑way to create public access and allow a landowner to move forward with development and Roseville City annexation steps.
The Duchesne County Commission voted June 1 to accept a subdivision right‑of‑way and make it public, a step commissioners and staff said would resolve a hold-up that had prevented a homeowner from splitting a lot and obtaining a building permit.
Ryan Ross, a property owner who said he bought lots in the Mountain Vista subdivision in 2017, told the commission county staff previously indicated the county would take ownership of the subdivision right‑of‑way. Ross said the lack of formal county acceptance blocked a lot split and kept a buyer from proceeding; he asked the commission to clarify ownership so construction could begin and a concurrent annexation by Roseville City could proceed.
County staff described three legal options to clear the access issue: for the county to accept the road (creating public access), for the city to annex the road, or for affected owners to pursue a quiet‑title action. Staff reported they had prepared quitclaim paperwork and said that if no ownership dispute existed, the county could accept the road the same day. The county attorney’s office described the acceptance process and suggested recording documentation so future questions about intent and notice were clear.
Commissioners heard neighbors and occupants say they preferred the county acceptance route to avoid protracted litigation and to ensure public access for bus and emergency services. After brief discussion, a commissioner moved to accept the right‑of‑way under the terms staff presented; a second was recorded and the motion passed on a voice vote.
County staff said acceptance will make the road a county road with public access rights and should clear the permitting question that had delayed the lot split. Staff also noted that if competing ownership claims arise, the county cannot resolve them and a quiet‑title action would be required.
The commission recorded the motion as passed and directed staff to finalize and record the needed quitclaim and acceptance documents. The action is intended to permit the pending lot split and allow the applicant and Roseville City to proceed with annexation and permitting steps.
