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Thread: Road dedication

  1. #1
    Cyburbian
    Registered
    Jun 2007
    Location
    Colorado
    Posts
    75

    Road dedication

    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?

  2. #2
    Cyburbian mike gurnee's avatar
    Registered
    Feb 1998
    Location
    Greensburg, Kansas
    Posts
    2,951
    Ues the easement format. Plat as the area develops.

  3. #3
    Cyburbian Richi's avatar
    Registered
    Jan 2008
    Location
    Tallahassee, FL
    Posts
    409
    record an easement!

  4. #4
    Cyburbian Cardinal's avatar
    Registered
    Aug 2001
    Location
    The Cheese State
    Posts
    9,920
    You need to take extra care with the easement route, to ensure that is remains in perpetuity uless agreed to by both parties, and that the easement rights grant the ability to use the easement for other purposes. I had an attorney once who crafted some nice language to this effect, basically allowing the city to use the easement as it pleased and extend the rights to others (such as cable, electric, and other utilities).
    Anyone want to adopt a dog?

  5. #5
    Cyburbian
    Registered
    Jun 2007
    Location
    Colorado
    Posts
    75
    Thank you all for your comments, especially you, Cardinal. I don't expect that this area will develop in my lifetime or even my next one. I found an easement agreement from another jurisdiction that seems to accomplish our goals. What I like about it is that an easement doesn't subdivide already substandard parcels into smaller and even more substandard parcels. What I don't like is that there are no setbacks from an easement but I think if we widen the easement, it can function that same.

    Thanks again for your thoughts. I'm glad you agree.

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