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Commissioners debate cattle‑guard policy, raise liability and cost questions
Summary
Daniels County commissioners considered a proposed new cattle‑guard policy that would standardize inspections and require property owners to upgrade deficient cattle guards. Commissioners raised concerns about liability, costs (estimates cited $5,000–$6,000), and how to treat existing older crossings; they tabled the policy for more research and sample forms from neighboring counties.
Commissioners spent a large portion of the Oct. 21 meeting reviewing a draft revision of the county’s cattle‑guard policy, which would set standards for allowable loads and require inspection and remediation of deficient crossings on county roads.
Commissioners and staff debated whether owners benefiting from a cattle guard on a county road should pay for installation and upkeep, or whether the county should accept responsibility for installation and subsequent maintenance. One participant noted an installed replacement could cost roughly $5,000, citing a local contractor’s price and a specific 30‑ft guard estimate of about $6,000.
Legal and risk questions were central. A county legal/technical advisor observed that proactive county inspections and a documented petition/installation process could reduce liability exposure: if the county inspects and documents that a crossing met reasonable standards, the county would be less likely to be found negligent if a vehicle or axle were damaged later. Commissioners also noted that some older cattle guards—particularly long‑standing ones dating back decades—may be structurally deficient but continue to be used by property owners.
Rather than adopt the proposed policy at this meeting, commissioners agreed on a stepwise approach: gather examples of petition forms and policies used by nearby counties (Mone, Valley, Roosevelt were repeatedly referenced), review how those counties handle inspection and replacement costs, and then schedule a dedicated discussion at the next meeting. That item was placed on the next meeting agenda so interested landowners and stakeholders can participate.
Why it matters: In rural counties, cattle guards intersect private livestock management, public‑road safety and county liability. Commissioners emphasized they want a policy that clarifies who pays for upgrades, preserves road safety for heavy equipment, and reduces the county’s exposure to negligence claims.
