County wants to vacate a dirt road between two fields

Received a certified letter from the county engineer last week. The county wants to vacate a dead end dirt road. The road dead ends at a decent size creek where traffic on the bridge had been banned probably 60 years ago. Bridge is totally gone now. This dirt road splits my farm. About 1/3 of my land is on the west side and 2/3 is on the east side of this road. There is one landowner behind me that would have to use this road to get to his land. Currently the land is in pasture and CRP. He may have brought this up with the county engineer as he had earlier asked me about closing the road. He is basically going to use this land for hunting and doesn't want anyone back there treaspassing. Honestly I wouldn't want anyone back there either.

What happens when a county vacates a road? Do I get the land back and have to give him an easement to get to his land? I know they could make it a class C or farmer road and he could put gates up at the end. I do not use the road myself, but if I got the land back I could eliminate at least one fence on either side of the current road and in theory both fences. I assume I would have to give him a workable path back to his land. Does any money change hands? I did attempt to talk with the county engineer today but he was out of the office and will call back. We have a public meeting set for September 26th at the court house. Any ideas appreciated. Thanks.

Your best bet is to talk to the engineer, or an attorney who deals in such matters. I'm sure the rules vary all over the country from one place to the next. Your local guy can tell you what you need to do in your area.

I would hire an attorney. A few hundred dollars now may save tens of thousands later if you sign an agreement that may be unfavorable to you at a later date.

If you get the land back, you will probably be paying taxes on the land. Is it a large amount of land/



















. Stan

My take on your dilemma, and the replies. As already stated, local laws apply, and legal assistance for you is advisable. Here in central NY, the county and towns don't own the road. Property lines go to the middle of the road, and the road is a 3 rod (49.5 feet) public 'right-of-way'. So you pay tax on all of it already. I doubt any money changes hands, BUT, I would work to make the county pay any and all expenses involved, namely any that would be dumped on you, including your representation.
Years ago with a similar situation, a local farmer plowed up a road he thought was abandoned. But a person who owned some property down in the gully at the end of the road took everyone to task because he couldn't access his property from the other way as the old bridge was out. Turned out (surprise surprise) there was this oddity in the law called 'qualified abandonment'. This means the municipality no longer has to maintain the right of way, but the right of way still exists! The road was re-established, AND, the bridge was too! All of this to say, be very careful!

My situation is similar, when we bought our place, locals Had permission and were driving along the property edge as a short cut between 2 roads, part of the way was our stone driveway. It showed on maps as an unimproved road but had no name. I blocked It off with a fence and gates immediately. Eventually people stopped trying to drive through and current maps only show our driveway. Our deed was recorded that it is a deeded right of way that only I have, through other properties now, rather than some public road or access. In our county, many farms have a public road running between the buildings now, because the owners years ago let friends and neighbors drive through. Eventually the township began to snowplow or stone the lane, and presto, a public road splitting the property. Cars zipping past at 40mph. So yes, get a lawyer and see how to take it back. I did.

Well, there are only two people who would want the county to vacate that road: You and the owner of the land that it accesses. Since you didn't ask for it to be vacated, it's pretty clear who did. I would talk to the guy and find out exactly what he wants to do. I'm sure he expects you to give him access to his property, which gets him exactly what he wants: A private road whose gate he can lock. But what will you get out of the deal? Nothing, as far as I can see, since the little bit of land you'll get will just be forfeited as right-of-way for his private access.

The county is unlikely to vacate the road if you don't want them to, since it's on your property. Maybe the other landowner is willing to sweeten the deal for you to get you to go along with it.

In theory it would usually ge great for you to gain control of your property back. You will owe more property taxes in it most likely.

In your situation if you have to give an easement, it looks like you get to pay more taxes, but wont gain anything at all. You will need the fences to maintain his easement, etc.

Kind of a bum deal.

Paul

You need a lawyer - not a farmer or tractor fan. Not internet opinions. You need a lawyer.

X2!

If the road separates your property, does that mean you currently own two separate parcels of land? And each parcel could be sold separately from each other? And if the road is taken out, will your 2 parcels of land become one? If they are deeded as 2 properties, I would want to make certain that they stay as two separate parcels of land once the road is removed

I would talk to the other landowner. If the county gives it up probably not much will change as far as taxes go since your most likely already paying the taxes on it. The other fellow will need access to his property which means someone will be responsible for road maintenance. This needs to be discussed before hand so there are no surprises. Typically down here whoever has the right of way does the maintenance. If he wants a hunting club be prepared for trash along side the road and if the fences are removed people will drive through the fields. People are people you know.

Around here and most other places you would own to the center of the road thus you already own it and pay taxes in it. Also the county cannot leave the other parcel landlocked, there would need to be right of way access established and recorded.

From your questions, for your own peace of mind it is time to consult your attorney as well as the county engineer for a better understanding of what will happen when and who is responsible to do and pay for what. In Iowa the adjoining landowners still own the easement for roads and road ditches. I would ask the county to deconstruct the road and return it to farming condition, they may already be required to do that whenever a road is abandon. I would also ask your attorney how to handle your neighbor's access to his property. Your neighbor may want to have a new easement written for that.

The county probably gains the most as the taxpayers no longer need to pay for maintenance and snow removal on the abandon road.

I suspect more and more county and township roads will be vacated in the future as farmsteads disappear and population along rural gravel roads continues to drop, old bridges and culverts wear out and are too expensive to replace, the weight of farm equipment continues to increase, property taxes on farmland are capped or restricted, and the funds to maintain little used roads disappear.

(quoted from post at 04:52:43 09/15/23) In theory it would usually ge great for you to gain control of your property back. You will owe more property taxes in it most likely.

In your situation if you have to give an easement, it looks like you get to pay more taxes, but wont gain anything at all. You will need the fences to maintain his easement, etc.

Kind of a bum deal.

Paul

Click to expand...

he property assessment is based on what the property would sell for, so if having the road makes the property more valuable than not having the road, the assessment likely would not change. Both properties would be reassessed at the next interval.

Usually when I road is vacated, the property is given to the land owner on each side. If there's a property owner in the back who does not own one of the sides, I'm not sure if the county can give up the road, unless both of you agree. If I were him, I'd be against it, because he is giving up access via public road, essentially creating a landlocked parcel unless you give him an easement. I'm guessing every state has different rules, but I don't think this would fly where I'm from.

I know of a similar situation,the state owned the road and abandoned it,not closed the road big difference.All landowners affected were given a right of way out to the state road.The only real change was the state no longer maintained it.

Andy,
Just wondering if you get the dirt road, will you have to pay property taxes on the road?

I've seen some people with a right of way on their property next to a major highway, don't pay taxes on that land.

Mark,
I wonder if the county wants to vacate the road so they don't have to maintain it.

Ask your county commissioner the cost to build a road the length you have to county specs.
The road you have adds value to your neighbors land for sure. If its a town road your twp should be receiving state aid for the road even tho they don't maintain it.