Supervisors deny tree claims for Rock Falls Township

Holt County Supervisors denied nuisance claims regarding trees and shrubs growing in the right of way along township-maintained roads at its Sept. 30 meeting in O'Neill.

Supervisors spent approximately 55 minutes discussing the issue involving complaints filed against landowners in Rock Falls Township.

Supervisor Don Butterfield proposed a resolution which would have spelled out the procedure for townships to recommend which rights of way would need to be cleaned and stipulated the county and township would split the bill. According to Butterfield, the proposed resolution could be a 10-year plan.

"Township boards do not have the money levied to do much work. If you know you want to remove trees, you can levy it," Butterfield said. "I thought it would be fair to everybody."

Supervisor Doug Frahm questioned the county's role in the process.

"We just pay half? We're going to kick in half, no matter what?" Frahm asked.

County attorney Brent Kelly urged the board to make a decision.

"Either (statute) 1812 and 1813 apply or they don't apply," he said.

Kelly Sudbeck, CEO and executive secretary of the Nebraska Board of Educational Lands and Funds, agreed with Kelly. He noted the board held a public hearing Sept 16.

A discussion on language in the state statutes ensued.

Sudbeck said 39-2003 stipulates all county roads shall be maintained at the expense of the county.

"Rights of ways are county controlled. Removal is at the expense of the county or township," he said.

Frahm made the motion to deny the claim. Butterfield seconded the motion, which carried, 6-0. Suupervisor Dustin Breiner abstained.