County moves forward to make Lane 36 ½ a public road

By KARLA POMEROY

The Big Horn County commissioners approved an amended resolution to take a portion of Lane 36 ½ by prescription to make it a county road.

The issue of the road first came before the commissioners when Gene Stuber filed a petition seeking to make it a public road. Stuber has withdrawn the petition, unable to pay the costs associated with the filling.

The road runs through the Stockwell Subdivision. Big Horn County Attorney Georgia Antley Hunt said in 1983 the commissioners “resolved to make it a public road” but no further action was taken. She recommended that an amended resolution be approved with a more up-to-date legal description of the road. The portion of the road in question and to be made public runs from Lot 1 of the subdivision to Lot 6 but does not proceed into Lot 2 or Lot 7.

Stockwell Subdivision resident Tina Ely said a county road is not needed because everyone has a legal easement to use the road off of the subdivision except Stuber.

Earl Miller added that Stuber is the only resident who will benefit by making it a public road. He said when he bought his property it was his understanding that it was a private road.

Ely and Miller also expressed concern about the trees that are in the right-of-way once the road becomes a county road.

The issue of who has been paying taxes on the road was also brought up. Miller said he believed he had been paying taxes on the road. Hunt said the assessor records show no one has paid taxes on the actual road in the past few years. Stuber added it has been since 1997 that anyone has paid taxes on the road, except the small triangular portion in front of his property that he says he has been paying.

Commissioner Jerry Ewen asked how Miller or Ely would be harmed by making the road a county road to which Miller replied he did not have an issue with making the road public. “My issue is with Stuber. I disdain him.” He alleged that Stuber obtained access to his home “illegally.”

Ewen said the commissioners want to clean up road issues such as Lane 36 ½ in order to alleviate some bad relations between neighbors.

In other business last Tuesday, the commissioners:

• Received an update on several grants from Grants Administrator Linda Harp. Harp said they are waiting to receive right-of-way utility certificates for Road 5 (Sand Hills Road) to complete the High Risk Rural Roads grant.

• In a telephone conference call with officials from the Local Government Liability Pool, the commissioners agreed to offer a settlement to a resident who has submitted a claim for injuries sustained when a wind gust at the demolition derby knocked over a tent and a portion of the tent struck the resident.

Chairman Thomas “Scotty” Hinman said he was aware of the injuries and that the claim is “not out of line.”

• Received a report from Public Health Nurse Sue Wiley on H1N1 flu virus. Wiley said the county would be receiving a $50,000 grant and they would be an agency that would receive the vaccine once it is available.

She said they would be offering regular seasonal flu vaccines earlier this year. A clinic will be held in Basin Oct. 1, Lovell Oct. 2 and Greybull Oct. 6.