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Residents press county on Hursley Road access; counsel says records search or court action required
Summary
At a lengthy public hearing, property owners said historical maps and decades of use establish access at 265th Street; county counsel said the commission cannot declare private property public without road records or eminent domain and advised exhaustive records searches and, if necessary, a judicial prescriptive‑easement action.
Several residents told the Osage County Board of County Commissioners on Feb. 3 that a stretch near 265th Street and South Shawnee Heights (the Hursley property) has been used as a public access for decades and that a neighboring landowner’s recent fence or gate has blocked emergency access and routine ingress.
Speakers described historical maps, family memory and regular maintenance by townships over many years. One resident said the property had been used openly and notoriously for decades and recounted past interactions with township representatives who told him a gate had to be removed.
County legal counsel reviewed the county’s options in open session: maps and GIS layers are useful references but do not replace certified road records or convey property rights. Counsel explained that unless the county has documentation showing the public paid for or otherwise acquired a road easement, the county cannot unilaterally reassert public ownership; the appropriate remedies include an exhaustive public‑records search to find original road records and, failing that, a private declaratory or prescriptive‑easement lawsuit in court.
Counsel said the county would search its records, coordinate with township officials and could provide a public‑records response; commissioners encouraged residents to gather documentary evidence and witness statements to support a court action if necessary. The board did not take unilateral action to remove fences or re‑open the road during the session.
Ending: Counsel committed to performing an exhaustive record search and to coordinate with the resident and the township; residents were told that a court process (prescriptive easement/adverse‑possession) is likely the path to formalize access if records are incomplete.
