County Supervisors Delay Right-of-Way Vacation After Resident Concerns

Opposition from residents and a local surveyor has led to a delay in the proposed vacation of a right-of-way in the unincorporated territory of Newburg. During a recent public hearing, concerns voiced by Craig Johnstone, a licensed surveyor with 59 years of experience, prompted two county supervisors to reconsider the terms of the vacation. The plan initially included vacating a north-south alleyway and an approximately 80-foot extension of Newcomer Avenue.

The proposed vacation aimed to transfer ownership of the alleyway, located behind properties along the east side of Clay Street, to two landowners. However, Johnstone argued that an adjoining field owned by Gary and Jean Halverson to the east of the alley also warranted consideration. “I believe they should have claim to the east half of the north-south alley as an adjoiner,” Johnstone stated, referring to Iowa Code 354.23 regarding the vacation of streets and public lands.

According to Johnstone, the east 10 feet of the north-south alley, which is approximately 20 feet wide, should be conveyed to the Halversons. In contrast, County Engineer Michael Frietsch contended that the right-of-way could only be transferred to property owners west of the alley, as they reside within the former city limits. “That Halverson property was never part of the original city plat,” Frietsch explained.

The discussion surrounding the right-of-way vacation highlighted differing interpretations of property ownership and legal definitions. Johnstone maintained that Newburg had plans to extend its city limits eastward into the Halverson field, while Frietsch emphasized that only recorded and platted areas hold legal significance. “It’s only what was recorded and platted that matters,” Frietsch reiterated during the hearing.

The objections primarily focused on the alleyway rather than the Newcomer Avenue extension, raising questions among supervisors about consistency in handling similar cases. Brandon Talsma, one of the supervisors, expressed concern about the county enforcing different standards for road vacations. “I’ll make this conversation real quick, gentlemen. Do you have any intent on acting on the next three resolutions or would you like time to think about it?” Talsma asked, highlighting the urgency for a decision.

The proposal for the vacation of the county right-of-way was initiated by Angela Ceasar, a resident whose property adjoins both the alley and the overgrown Newcomer Avenue extension. The county’s approach to this vacation was intended to follow previous practices where rights-of-way were vacated and conveyed to adjacent property owners.

Frietsch noted that the plat services for the right-of-way in Newburg were conducted by Jason Lowry of Lowry Land Services. “These plats were prepared by a licensed surveyor, gentlemen,” he remarked to the board of supervisors, emphasizing the credibility of the surveyor’s work.

Despite differing opinions, the supervisors ultimately decided to take no action on the proposed vacations during the meeting. They directed the county engineer to split the alley between all adjoining landowners, not just those residing within the former city limits. Talsma suggested that future road vacations in unincorporated territories be handled in a similar manner, advocating for a consistent approach. However, Supervisor Thad Nearmyer disagreed, stating that not all situations are identical.

As the discussion concluded, the supervisors remained firm that their decisions should reflect a thorough consideration of all property rights involved, setting a precedent for future cases. The ongoing debate illustrates the complexities surrounding property ownership and local governance in Jasper County, where unincorporated territories like Newburg often face unique challenges in land management and municipal services.