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Resident shows historical deeds; commissioners direct highway to move guardrail to restore access
Summary
After a public comment with maps and affidavits asserting a right-of-way, the commissioners instructed the highway department to 'turn the guardrail back on itself' to restore a resident's access to property on Saint Peter's Road while noting potential railroad right-of-way legal concerns.
Austin Ford told the board he seeks removal or adjustment of a guardrail on Saint Peter's Road that he says blocks his access to a 28-foot reserved roadway shown in historical deeds, a 1955 aerial overlay and sworn affidavits. Ford said he engaged an attorney, provided deed records and a licensed surveyor’s work, and asked the county to remove the impediment rather than requiring a driveway permit.
Ford argued the reservation for a roadway to his property "was for 2 teams of stock to pass forever" and that county records support his claim. Commissioners discussed legal exposure if the railroad’s asserted right-of-way overlaps the area; a county staff speaker cautioned that granting a driveway permit or taking certain actions could invite legal challenge if the railroad retains rights.
Commissioner John Heiss moved that the highway department correct the guardrail by turning it back on itself to remove it from the access; the motion was seconded and carried. The board’s action, as stated on the record, directed highway staff to move the guardrail but did not grant a driveway permit or otherwise adjudicate railroad easement claims. Ford requested confirmation of a 28-foot offset from the west rail; commissioners and staff discussed surveying and legal review before further steps.
