Commissioners deny road closure request

Antelope County has decided not to permanently close a one-mile stretch of a rural road – for now.

The board of commissioners held a public hearing Tuesday, Dec. 1, in Neligh, on Invenergy's request to have 841 Road abandoned between 510 and 511 avenues in the southwest part of the county.

That stretch of road is located just east of the Antelope County-Wheeler County border within the renewable energy company's Thunderhead wind project.

Before voting 5-0 in favor of not closing the road, the commissioners heard from members of the public during the hearing.

Brian McDonald, Antelope County's highway superintendent and engineer, kicked off the public hearing.

"The petition was filed with the clerk requesting the closure of this road," he said. "We did a study of the use of the road. It's primarily ag access."

McDonald noted that portion of road allows for access to driveways to two wind towers each in Antelope and Wheeler counties as well as to a nearby powerline.

"There are two properties that – if this road is closed – would not have access," he said. "If a closure is to be considered, an easement for those two properties across all the way to 511 would be required."

David Owenby, Invenergy's construction manager for the Thunderhead wind project, spoke after McDonald.

"As we understand, this road – if the right-of-way is not abandoned – it would become an upgrade road," Owenby said.

"And so, we – along with some of the landowners in the area – have pursued the abandonment petition," he said.

Owenby previously approached the commissioners on June 9 and asked them to relinquish the stretch of road's right-of-way.

The board members requested that Owenby obtain a petition and signatures, which he did and presented to the commissioners on July 14.

Owenby noted Invenergy obviously was in favor of having 841 Road permanently closed between 510 and 511 avenues.

"Otherwise, it becomes an upgrade road and then the county would be responsible for the maintenance of the road," he said.

Owenby explained the maintenance of that stretch of road – if it is closed to the public – would fall to private landowners and the Thunderhead wind project.

"If it's abandoned, then it becomes a private driveway and then the liability or the responsibility for the maintenance is no longer with the county," he said.

Ellis Schrunk of rural Bartlett spoke next and noted he was against the road closure.

He owns land in Wheeler County just west of the stretch of road that would be abandoned.

"We do use the road occasionally," Schrunk said. "You hate to see a road closed because of future generations.

"Once you close a road, it's done, I suppose," he said. "I've never had any experience with actually closing a road."

Schrunk asked how the petition process works to have the commissioners permanently close a county road.

"Once the petition is filed with the clerk, they appoint me to do a study of the use of the road," McDonald said. "I file that with the board, with the clerk, and then a hearing is set.

"Right now is the time to give the board your input of what you want to do with this thing or don't want to do with it," he said. "Ultimately, it's a board decision on what happens."

McDonald noted a petition like Invenergy's requires at least 10 signatures from landowners who are registered voters and live within 10 miles of a road that is up for a possible closure.

"Ten miles? That's halfway across Wheeler County," Schrunk said.

Commissioner Dean Smith was surprised people who live as far as 10 miles away from a road up for a potential closure could sign a petition like Invenergy's.

"That could be people who wouldn't even know this road," Smith said.

Of his family's usage of 841 Road between 510 and 511 avenues, Schrunk said, "We use it occasionally. It's just a trail."

County road superintendent Aaron Boggs has previously described that portion of road as "a sand-trail, gravel-ish road."

Schrunk asked to see the list of landowners' signatures on Invenergy's public petition requesting the road closure.

"I really don't understand why they want it closed," he said.

"They signed it," board chair Charlie Henery said. "I guess that's not for me or you to understand."

Steven Schrunk of rural Elgin, Ellis Schrunk's son, told the commissioners he was contacted by a man representing the Nebraska Board of Educational Lands and Funds.

That state board owns land in Wheeler County just west of the stretch of road that would be abandoned.

"He was concerned about losing access from the east to the school land, which would be in Wheeler County," the younger Schrunk said. "He was opposed to it.

"I would be opposed to closing it," he said. "It's nice the way it's fixed up now. As long as it would stay that way, we'd really like it. I'd hate to see it closed up."

Kyle Childers of rural Elgin was the last member of the public to speak during the hearing.

He noted his father, Duane Childers, had signed Invenergy's petition requesting the road closure.

"They basically said that it would benefit them and it would help us out, too, obviously," the younger Childers said. "Everybody assumed nobody used the road.

"Well, we signed the petition, thinking, 'Who's going to oppose it?'" he said. "We own the ground on both sides."

Hearing there are people against the possible road closure, Childers noted his family would like to withdraw his late father's signature from the petition and to forget about closing the road.

"If we're going to make a neighbor unhappy, what's the point in doing it?" Childers said.

Henery called Childers a "good neighbor, a very good neighbor" for speaking up during the public hearing.

"You've got to live with the neighbors," Childers said.

After the commissioners closed the public hearing, McDonald noted the board had to decide whether to permanently abandon 841 Road between 510 and 511 avenues.

"The petition can't be withdrawn," McDonald said. "It's filed; it's public. It's essentially up to you guys to decide which roads remain open and which roads are closed."

Henery asked McDonald what would happen to that stretch of road if the commissioners decided to not close it.

McDonald noted that portion of road would have to undergo an improvement project.

"Are we going to have to regrade the road?" he said. "Yeah, that'll have to be regraded because you're going to have to have a ditch on both sides."

The commissioners voted 5-0 to not close the road and asked McDonald to look into what the impact to the immediate surrounding area would be if that portion of road was improved.

"In a design, I can do what I can to miss as much as I can," McDonald said. "We have built upgrade roads shifted 10 feet off center to avoid dealing with powerlines that would be difficult to move anyway."