road 7over eagle head

Started by oldfart, June 25, 2011, 04:58:35 PM

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Wilma

An easement is needed to build a road.  Why is a road ever needed?  So that people that own property on the other side can get home without trespassing.

Ross, how many easements are on your property?  I am betting that it carries easements for Highway 160, for telephone lines, for electric lines, for cable, for rural water lines.  Maybe even for a gas line.  Unless all these easements are on the other side of the highway.  Except the highway easement, of course.  An easement on your land would be required to the center of that part of the road that runs along the south side of your property.  All these easements were given long before you bought the land.  In fact I remember typing the easement for the water line to cross land owned by McSpadden.  I probably checked the land description and owners of record also.  We had to be careful that we got the right land description to the right owner.

oldfart

#161
I GIVE UP WILMA  I GUESS YOU DON'T GET THE BIG PICTURE. OTHER PEOPLE MAY HAVE EASEMENTS PRETTY SUCH THEY DONT GET THERE COW TRAILS BLADE  I WASN'T BORN HERE BUT I DO DO KNOW THAT IF YOU HAVE RIGHT NAME WITH THE ROAD  DEPT. YOU GET LOT MORE DONE THAN COMMON FOLKS THINK THAT GOES WITH ANY BUSINESS IN TOWN

readyaimduck

QuoteIF YOU HAVE RIGHT NAME WITH THE ROAD  DEPT. YOU GET LOT MORE DONE THAN COMMON FOLKS THINK THAT GOES WITH ANY BUSINESS IN TOWN

That right there, is a 'good ole boy' system if it is true...and ole fart, I am not calling you anthing, other then someone who sees it firsthand.

I firmly believe that system happens on so many different levels in jobs to government.  I think the term back in the day was "flying on the coatails" and 'scratch my back, and I will..."

The easement went for a water line. 
I think there are 3 different scenarios that are raising eyebrow as to 'business as usual'.   
Just an observation as to the accounts that are stated.
ready

Wilma

Old  Fart, and I repeat, there is an easement for road 5 over Eaglehead that goes north to Killdeer.  It is clearly marked on the 1954 map that I have.  However, on the 1988 map, the road does not appear north of the center of Section 17.  This does not mean that there is no longer an easement for a road.  It just means that the road is not used enough to be important enough to be put on the map.  The easement is still there.  It is still the road department's responsibiliy to maintain that road.  The fact that they occassionally do just means that for some reason some boss somewhere has decided that it should be done.  It is not being done on private property but on the public road right-of-way.  As long as there is an easement, there is public right-of-way.  But the public needs to have a good reason to be on that road if it is not taking them someplace that they have the right to be.  Right now it takes you further into Perkins land.  Besides the question is mute.  The road is closed now and will probably never be open to the public again.

I wonder if you know that the landowner actually owns to the center of the road?  A landowner can ask to have a road closed and if all the owners on both sides of the road agree, then the county commissioners can close it, or not.  But the county commissioners cannot close it without the owners' permission.  The road that you have been instructed to grade, rock, whatever is still open and the responsibility of the county to maintain.  The fact that it hasn't been closed is probably just an oversight on the part of the commissioners or the landowners.  Perhaps there has been a request to close it and been denied.  Perhaps the landowners have asked to have it closed and it has been denied.  Whatever, the county cartographer says that there is an easement for road 5 from the center of Section 17 to Killdeer Road.

readyaimduck

#164
 
QuoteThe road is closed now and will probably never be open to the public again.

as well as it should be if people are coming onto private property, of which it sounds like it is.
Why would the landowner's close the road to the public?
None of their damn busness.

As far as the county grading the so-called 'road'....untill that deed is filed to close....the county has a responsibility.
you are correct, Wilma.
If the deed has been filed to close that access, then I would hope and pray that the landowner is footing the bill.
Perhaps this is where the confusion lies.
ready

Janet Harrington

I don't think this private property that has an easement for the county is closed permanently. (Did I spell that right?) I think it is just closed while all this construction is going on. I guess we will see when it is all done whether or not a person can drive across the top of the Eagle head or not.

Hefe de vaca

     I personally would like to see the public able to travel the road once the wind farm is done, if they stay on the road. It is certainly a most beautiful view and should be available to all who wish to see it.

Ross

Quote from: Jefe de vaca on July 02, 2011, 09:27:27 PM
     I personally would like to see the public able to travel the road once the wind farm is done, if they stay on the road. It is certainly a most beautiful view and should be available to all who wish to see it.
Really! So would that be for the governor tourism plan for the tall grass area?
Who are you?

Patriot

#168


So the question here, like so many others, remains factually unanswered.  

Is there a properly deeded county easement from Killdeer & Rd. 7 southwest onto the Mac-o-Chee property?  If not, other questions arise.  Why would the county be dumping rock & grading there?  Would it be proper for the county to do so?  If so, under what conditions?  What county official, if any, would request, authorize or approve of such work?  And why?  Just curious.

Conservative to the Core!
Gun control means never having to fire twice.
Social engineering, left OR right usually ends in a train wreck.

kshillbillys

Patriot---I was in Howard today so I stopped by the courthouse. I went to the cartographer's office (for us morons that don't know what that is it's the mapmaker or county appraiser's office) and Connie Hey was not there at this time. Merle is on his vacation so Connie is taking care of their business. So I talked to Kenny. Kenny pulled out several maps and said that he is unaware of any existing road owned or maintained by the county, nor was there 20 years ago. He showed me on the maps, the exact point that I was referring to; he said he's been across there many times but as a county appraiser I suppose he would have access to these things. He directed me to the Register of Deeds office upstairs. I went to the Register of Deeds and talked to Neva Walters. She was not familiar with what I was talking about and I wasn't getting across to her so I pointed it out on the map. And lo and behold she knew exactly what I was talking about because apparently several have talked to her. One of which was Wilma. Wilma called up there wanting to know herself. Neva told her that there is NO COUNTY EASEMENT FOR ANY ROADS ACROSS PERKINS' LAND and there has NOT BEEN ANY SINCE 1958. There was in fact easements for electric lines, water lines, etc. She did show me a copy of the Elk County Forum, that was sent from either Wilma or Janet, I don't know which but I can promise you that they were informed that there is NO EASEMENT across there. So any road work that has been ordered and done with county equipment, county personnel and county funds would be unlawful misappropriation of funds. I'm just curious why Janet or Wilma, the two know it all flappity lipped windbags, haven't run to this post to tell me how wrong I am and Fish and many others in the road department are, and how right they are with the nah, nah, nah, nah, nah, nah bullshit that usually spews out of their mouths. Oh please, tell us why almighty Wilma and Janet, that you have not spoken or are you still searching for your Paxil to lift your moods from your bubbles being burst?---MR. KSHillbilly
ROBERT AND JENNIFER WALKER

YOU CALL US HILLBILLYS LIKE THAT'S A BAD THING! WE ARE SO FLATTERED!

THAT'S MS. HILLBILLY TO YOU!

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