Our local gold mine (you have one too, right?) encompasses nearly 6000 acres throught which several county maintained roads go, mostly by prescriptive easement. Over years, the mine has successfully vacated and re-dedicated various county road alignments in order to suit their needs. Recently, they had to plat an intersection in order to reconstruct it (approval condition) and the platting of it proved to be very difficult due to the numerous and heavily encumbered mining claims. They were successful but don't want to go through it again for their upcoming project.
They paln to build and dedicate about 1.5 miles of new county road in order to vacate an old one. They need the space to place their overburden. This has been conditionally approved but they don't want to go through the platting process again and dedicate the new road in fee simple. They are proposing to do it by easement.
My first reaction was "absolutely not!" But upon further reflection, why not? I have thought of several ways that it can be done and still protect the county's interests. I'm trying to keep this post short but can give you those thoughts if you want. So, what do you think? Easement for ROW purposes or fee simple ROW?