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Commission approves vacation and realignment of Thorpe Way easement amid neighbor dispute
Summary
After lengthy public comment and legal review, the Elko County Commission approved a resolution to vacate and realign a recorded right-of-way through the Russell property, contingent on recording a new public-access easement (60-foot reservation) and ensuring no denial of public access.
The Elko County Commission on June 3 voted to vacate a portion of a recorded right-of-way on Thorpe Way and to require a replacement easement aligned over the currently improved roadway.
Corey Rice, county surveyor and senior planner, told commissioners the Russells seek to vacate the recorded right-of-way where the physical road does not match the recorded alignment and to dedicate a new public access, utility and drainage easement following the existing traveled way. The application had Planning Commission approval. Bob Thibault of High Desert Engineering said the project is meant to "realign this easement to the existing road" and that the intent was not to cut off access to properties to the north.
Several neighbors expressed concerns. Warren and Diana Russell said the existing 60-foot easement would take an excessive portion of their homestead and urged a 30-foot easement aligned to minimize impact on trees and orchards. "If there's only 2 houses that can be built ... why would you need a 60 foot easement to service those? You don't," Warren Russell said. County staff and counsel explained differences between a right-of-way (dedicated to government) and a public easement (which remains with the property but allows the same public uses). County counsel recommended proceeding with conditions if parties waive procedural defects under NRS 278.480.
The commission's motion approved the vacation with staff conditions plus added requirements that (a) the new easement be recorded in a manner that preserves public access and equivalent rights to the original alignment (the board discussed reserving a 60-foot easement), (b) the signed deed granting the easement be provided to staff and recorded in sequence with the vacation, and (c) the vacation not result in denial of access by physical barriers. The motion passed by roll call/voice vote.
