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Board discusses fallen tree in Drain 77, ownership questions and plans to seek drainage legal opinion
Summary
Supervisors reviewed a fallen tree in Drain 77 that briefly cut power, debated whether it impedes drainage and who has authority to remove trees along the natural channel, and agreed to seek a drainage-law legal opinion and further research before authorizing tree removal or assessments.
A large tree that fell into Drain 77 and briefly knocked out power prompted an extended discussion about easement rights, ownership and whether the county should remove trees along the open channel.
Zack, who reported on the incident, described a partially fallen tree with the remainder still standing and said the location appears to be within the Drain 77 easement area. Board members inspected historical files and said ownership along the banks appears to be fragmented, with multiple parcels (including lots associated with Cany Lumber Company) adjoining the channel. "It appears that it is part of Drain 77," a supervisor said, but added that the segment in question is a natural channel rather than an improved ditch.
Supervisors agreed the fallen tree does not currently impede flow and that immediate emergency action was not required, but they repeatedly emphasized there is "gray area" around easements and tree ownership. They discussed fund balances in the Drain 77 account and noted prior drainage attorney opinions (a two-decade-old opinion was referenced) and the county’s limited in-house expertise in drainage law. "I think we're going to need an opinion because I don't think any of us have the expertise on whose liability it is," one supervisor said.
Why it matters: Tree removal in a drainage district can shift liability and set precedent for future removals; removing trees in an urban residential setting raises community resistance if the county exercises authority without clear legal backing.
Next steps: Supervisors asked staff to research recorded easements and title data, consult with a recommended drainage attorney or engineer for a legal opinion, and inform property owners of the status. The board did not authorize tree removal at the meeting.
