The adoption of CR 451

A special meeting of the Board of Carbon County Commissioners (BOCCC) was held to consider formal adoption of County Road 451–also known as Cherokee Road, as an official county road.

Chairman John Johnson opened a public hearing on December 15, 2022 at 11 a.m. for public comments for or against the formal adoption.

Carbon County Attorney Ashley Davis provided background of Cherokee Road as well as the discussion between Bill Nation, Road and Bridge Superintendent and landowners in approximately 2001-2002. Landowners had approached Nation requesting it be made a county road. Agreements were signed between landowners and the county at the time. The landowners promised to provide easements if the county improved the road, however, some of those easements were never obtained.

Attorney Davis referred to the map showing which landowners had proved agreements for easement and which ones had not.

Kandis Fritz, Road and Bridge Coordinator, provided estimates of the costs for improvements dating back to March 2002. The costs, including signs, cattle guards and culverts at that time were $244,500.00. Fritz also provided a breakdown of the current costs of these items and cost of maintaining the road.

Fritz provided detailed speed index surveys in 2001 and June 2022 as well as traffic counts. These surveys were taken over several days.

Attorney Davis discussed the claims for damages from landowners and detailed existing easements. She also informed the Commissioners of the current taxation of the easement areas and the fact that, according to County Assessor Renee Snider, the county could quit taxing the area and an easement through the middle of a property could prevent the landowner from having to subdivide through the county’s normal process.

Davis proposed two options if the BOCCC chose to move forward with the adoption. First being adverse possession/prescription and second adoption by resolution.

With adverse possession, no damages would be considered. The county can only use the roadway where the public has traveled and the county has maintained.

Option two, a resolution would allow damages to be considered and the county can look for the 60 foot easement.

Craig Kopasz of Engineering Associates, stated in his report the road is adequate to be a county road, but improvements would benefit the road.

Chairman Johnson called for public comments for or against the formal adoption.

No comments were made against the formal adoption of CR 451.

Carbon County Clerk Gwynn Bartlett commented that during her time as County Clerk she did not receive any complaints or requests for damages and nobody has requested the county stop maintaining the road. She also stressed the importance of maintenance for emergency services, school bus stops and access.

Fifteen residents commented that they were for formal adoption of CR 451.

Attorney Davis addressed the commissioners regarding the process moving forward. She said if the BOCCC moves forward with the resolution, the county would hire three appraisers to assess the damages, assuming there would be claims for damages. Those claims would be filed with the county clerk during the 30-day notice period.

Speed limit and stop signs were at the top of the list of concerns by the majority of residents.

The hearing was closed at 12:12 pm.

Commissioner John Espy moved to adopt by resolution to initiate the procedure for establishment of County Road 451–Cherokee Road, as an official county road per W.S. 24-3-101. Commissioner Travis Moore seconded.

Attorney Davis restated that the BOCCC was proceeding with Option 2 and discussed the timeline recommending notices be sent to landowners and ads published in the newspaper in accordance with W.S. 24-3-110 with an objection deadline of February 3, 2023 at noon.

At the February 7, 2023 regular meeting the BOCCC will appoint three appraisers if there are claim for damages, each who are qualified electors in Carbon County.

The entire process will likely take until March.

Chairman Johnson clarified; the county is looking for an easement 60 feet in width, 30 feet on either side of the centerline. The motion was carried unanimously.

Attorney Davis told the BOCCC that she will have WLC stake out the road as originally planned. If consent is received from all landowners, the BOCCC could proceed more quickly through the road completion process if they desire. She will attempt to obtain easements from those that have not already provided one.