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Resident seeks partial vacating of Wagner Street; county legal counsel outlines statutory steps
Summary
Kenny Rowlandson asked the county to consider selling half of an 80-foot street to put a shed on his property. County legal counsel said the town must first vote to vacate, a survey and easement must be prepared, and any county sale would follow statutory procedures.
Kenny Rowlandson told the Treasure County commissioners he wants roughly 75 feet of Wagner Street vacated so he can site a drive-through shed in his backyard without removing mature trees.
County legal counsel explained the formal process for city or town street discontinuances and said the Rowlandson petition follows the statutory petition process: petition signatures, a two-week notice period and then a town council vote. "There's a statute with a procedure to discontinue a town or city street, and that is what Rowlandson's have been following," the legal counsel said. Counsel added that if the town votes to vacate, the county would need surveys and easement language before the county could sell or otherwise transfer its half-interest.
Commissioners and counsel also discussed access and safety implications. Board members urged a careful survey and recommended preserving an easement so the water tower and other public access points remain reachable. A commissioner noted the county often needs to see physical pins and boundaries before acting: "I would put the surveyor lined up," the legal counsel said, recommending a site visit once lines are clearer.
Because the town council must vote first, the county did not take further action on a sale at the meeting. Counsel and commissioners agreed to put the item on the county's next agenda for an update after the town council's vote and after a survey and easement language have been produced.
