Realtor and counsel warn: establishing access may require costly declaratory-judgment litigation

County officials and the county realtor told commissioners on March 11 that establishing guaranteed public access to the north-side parcel could require court action. Rory Gangel, the county's realtor, said easements across sections relate to a historical road petition but do not create a usable public road across steep terrain; he said the county would likely have to "file a declaratory judgment action and name all the private parties, including the state" to update its disclosure and clarify access rights.

Commissioners discussed alternatives — leasing the land in the short term, attempting to negotiate access, or asking a neighboring county to formally establish county roads — but acknowledged each path carries risk. Gangel warned litigation could provoke landowners or the neighboring county to seek abandonment rather than participate in a cross-county dispute. Commissioners also noted the parcel's well lacks a recorded water-right exemption with the state, a separate issue that could affect future use and valuation.