Commissioners approve road closure

A one-mile stretch of 841 Road, between 510 and 511 avenues, located in the southwest part of the county, has been officially closed.

A resolution for the road closure was finalized during the Antelope County Commissioners' March 9 meeting, during follow-up discussion after a March 2 public hearing.

The stretch of road sits east of the Antelope County - Wheeler County line, within Invenergy's Thunderhead wind project and allows access to driveways for two wind towers and a powerline, in addition to farmland owned by the Childers family, of Elgin.

Commissioners first learned of the potential closure in June 2020, when Thunderhead wind project construction manager, David Owenby, approached the board and asked them to relinquish the road's right of way.

At the time, commissioners told Owenby to obtain a petition and signatures from land owners.

He presented the documents to the commissioners July 14.

At the Oct. 6 commissioners' meeting, Invenergy requested permanent closure of the stretch.

At the time, county road superintendent Aaron Boggs said not closing the road would result in an upgraded 26-foot-wide road.

Antelope County does not require access to the one-mile stretch.

Per the resolution, reviewed by McDonald and Antelope County Attorney Joe Abler, title of the right of way reverts to the property owners

Via speaker phone, Krystle Campa, an attorney with Invenergy, told commissioners she sent an updated version of the resolution with "a few tweaks."

Lisa Payne, Antelope County clerk, said she had seen the clarification but did not make the wording adjustment.

"I did not get a blessing from Brian (McDonald) or Joe Abler, so I didn't know where to go with it."

Payne asked Campa if she should share the email with the clarification with commissioners.

Campa replied it may be helpful.

"It's just a clarification that the title goes back," said.

Chairman Charlie Henery told commissioners he could see Campa's point and asked if they wanted to make the change.

Campa said she aligned wording with the statute

"It helps clear, makes sure the title is clean," she said.

Henery asked if the title has an easement.

"It's a statuatory right," Campa said.

Henery questioned if commissioners should contact Brian McDonald, Antelope County highway superintendent and engineer, prior to signing the resolution.

Antelope County road boss Aaron Boggs told commissioners McDonald had previously told the group to word it so the road closes once all accesses are approved.

Commissioner Dean Smith asked if the easement would be perpetual.

Boggs said the easement remains with the land, not the landowner.

"Is that just a standard easement that's perpetual or does that need to be specified in here?" Smith asked.

Commissioner Regina Krebs said it's not the landowner that need to be granted an easement, it's the parcel number.

Campa offered to correct the wording of the resolution.

"Technically, the county is vacating it. Title reverts back to landowner, so they have the title and they do grant each other the easement. That easement has already been executed, notarized and is ready to be recorded after the resolution," she said. "It runs with the land and is perpetual."

"Our legal ... which is Joe, needs to make sure the addition to this is correct. That's how I feel," Henery said.

Campa told commissioners if they are comfortable signing the resolution Abler approved, that's fine.

"I was trying to be helpful from a technical standpoint. I think it still accomplishes the same thing. I don't want to disrupt the proceedings and not have the Childers family move forward," she said.

Commissioner Carolyn Pedersen said she did not have a problem with the resolution wording.

"We've closed roads many times with Brian's revisions. I don't have a problem at all with this resolution."

Pedersen made a motion authorizing a resolution to close the stretch of road.

The motion carried 5-1, with Smith voting against the measure.

In other business, commissioners:

• heard public comment from area residents who requested commissioners consider a Second-Amendment sanctuary for Antelope County. Payne has emailed NIRMA about what other counties are doing, but at that time, had not received a response;

• opened and approved all bids for gravel from Mitteis Gravel, Matteo Sand and Gravel, Willow Creek Sand and Gravel, Bazile Aggregate, LLC and J & J Materials; opened and approved a bid from Sta-bilt for armor coat and opened approved a bid from JEBRO for asphalt oil;

• approved two underground permits and

• approved a resolution for Larry Dix Day, in September.