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Commissioners authorize up to $5,000 to research Darby Road vacation requested by sheriff
Summary
The board authorized up to $5,000 for survey and legal research into vacating a section of Darby Road after a briefing that noted private county-owned sewer and water lines, uncertainty about right-of-way ownership following city annexation, and a potential adjacent-owner claim by statute.
Al Jensen, planning director, told the board that the sheriff's office is seeking a possible vacation of a Darby Road extension that runs near the county jail. Jensen said the parcel includes private sewer and water lines the county owns and that annexation by the city of Pocatello complicates ownership of the right of way. "Sheriff Manu would like to see about vacating this section of Darby extension... as he's trying to create a greater autonomy around the jail and the facility in general," Jensen said.
Jensen advised the commissioners that initial research is needed to determine whether the road is a dedicated right of way, an easement or otherwise and that a survey and legal work could be required. He estimated initial survey and research costs between $2,500 and $3,000, and noted that an adjacent property owner could have a statutory claim to half of the right of way if it is a dedicated road.
Commissioner Huff recommended that the sheriff's office fund the initial work; the board approved a motion authorizing up to $5,000 for research with the sheriff's budget as the first funding source and county funds as a backup if needed. The motion instructed staff to do the title and as-built research and to return with a recommendation to the commission.
