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Planning commission backs recommendation to vacate 53400 West/27200 North in Clear Creek
Summary
The commission voted unanimously to recommend that the County Commission vacate a public right-of-way that terminates on private property in the Clear Creek area, finding no prevailing public interest to keep it open and that the vacate complies with county standards.
The Box Elder County Planning Commission unanimously voted April 16 to forward a recommendation of approval to the County Commission for VAC26-01, a proposal to vacate 53400 West/27200 North where the county road terminates on the Higley property in Clear Creek. County Planner Marcus Wager told commissioners the right-of-way is a public right-of-way by use, not deeded, and staff found the vacation met the county's criteria, including no prevailing public interest in keeping the road open and no identified financial harm to stakeholders.
"The right-of-way is not deeded; it is a public right-of-way by use and is currently in private ownership," Marcus Wager said as he reviewed the seven standards for vacation. Commissioner Bonnie Robinson moved to forward a recommendation of approval; Commissioner Jed Pugsley seconded the motion and it passed unanimously.
The commission's recommendation notes that private access issues within the vacated right-of-way would remain civil matters among landowners and that the County Commission, which holds the legislative authority and public hearing for vacates, will make the final decision. Staff's findings and the conditions adopted by the planning commission will travel with its recommendation to the County Commission.
