Commissioners deny road closure request

A rural Antelope County road will stay intact following a public hearing and subsequent vote by commissioners on Aug. 1.

Highway superintendent Brian McDonald said a road use study on 858 Road, between 521 and 522 Avenue was completed.

"It's being actively used," McDonald said.

Two individuals offered testimony in opposition of the closure.

Testifying via speaker phone, Matt Klabenes, of Neligh, said, "We've got a service line down that for our stock well. It's the reason we took the trees out and cleaned it up. Elkhorn Battle Creek disconnected the power last year because the trees got on the power lines and they said they wouldn't reconnect it unless we took the trees out."

Klabenes said the road is during harvest to haul corn.

"I'm not asking for it to be fixed up. I'm asking for it to be left in the condition it is so we can use it and maintain the power lines there for the well," Klabenes said.

He questioned if the state of Nebraska school lands were opposed to closing it.

"It's their stock well," Klabenes said.

According to commissioner Neil Williby, the Nebraska Board of Educational Lands and Funds submitted written testimony against the closure earlier.

The email states, "This road is utilized by BELF tenants for grain planting and harvest, as well as cattle management when they are on corn stalks. The road closure will cause unnecessary difficulties for our tenants to manage this BELF property. Please consider keeping this portion of the road open at this time."

Payne verified she spoke with Kelly Sudbeck, chief executive officer, of the BELF and sent a public notice regarding the closure.

One individual spoke in favor of the closure.

Phyllis Perdew, of Neligh, said the road has been "closed for years."

"They opoened a little bit so they can get through with their side thing," she said, adding that she has experienced problems with deer hunters shooting from the roadway, onto her property.

"I've come pretty close to loosing cattle. I thought nobody uses it, why not have it closed. All of a sudden, it's very important," she said.

After closing the public hearing and entering regular session, McDonald said the board has two options: keep the road in place, as is, as a public road or decide to vacate the road as a public roadway.

"Right now, the question is if it will be maintained and open as public access. Right now, it's a public road. It was never eliminated as a public road," McDonald said.

Commissioners voted 4-0 to keep the road open, following a motion by Williby.

After the vote, Williby told Perdew to speak with Nebraska Game and Parks Commission officials regarding issues with hunters.

"I know it's tough out there, with hunters. They treat everyone's land like their own," Williby said.

Henery added that hunters cannot shoot off the road.

"You tell them that," Perdew said, with a chuckle.