Residents get rights to errant road
Landowners neighboring Dan Dr. legally may put up blockades to prevent people using Dan Dr. from going on private property.
Vicki Hoffer complained about the road in January and described reckless drivers endangering her grandchildren when they played in what is technically her driveway but is regarded by many as part of the road.
“I have never had my private property to myself,” she said. “The public is always blasting through it.”
Hoffer and her neighbors, Kenneth and Bonnie Vinduska and David Yates, appeared at Tuesday’s county commission meeting to hear Brad Jantz’s decision on Dan Dr.
Jantz said the drive had never been completely developed and was not considered a county roadway.
“We didn’t cross the finish line with it, so that defaults to private property,” he said.
He found no absolute terms of title for the road and described the language of what agreements he found as ambiguous and improperly written. He said property owners could install whatever blockade they like to prevent trespassing.
He found six other areas near Marion County Park and Lake in similarly ambiguous states of ownership. All could default to property owners.
The Vinduskas asked about fully closing the road.
“We think that the safety of those two little boys is worth more,” Bonnie said. “It’s not impossible to get to our house without that dirt road, but it is impossible to replace those two little boys.”
Based on property lines, closing Dan Dr. would landlock several pieces of land. Jantz advocated sending a surveyor to remap the area if property owners want to close it.
After speaking with her neighbors, Hoffer wanted to have a fence and gate installed to deter traffic while still allowing the Vinduskas into their property.
“To stop the main flow of traffic, I would hope the county would step up and do something,” county commissioner Randy Dallke said.
The commission agreed to install its own blockade and extra signage for Dan Dr. on its side of the easement.
In other business,
- Marion County Food Bank reported receiving 72,327 pounds of food, serving 5,171 people, and having a lower population of food insecure people than the Kansas average in 2021.
- Transfer station employee Amanda McReynolds received a raise after taking the position of a driver who gave two days’ notice before quitting.
- A disaster declaration for a fire Feb. 15 at 180th Rd. was ratified.