Property owners who create new plats will face fewer right-of-way dedication requirements along roads, per action of the Ward County Commission Tuesday.

No one from the public spoke at a hearing regarding an ordinance change easing the right-of-way requirements, although right-of-way dedication has been a hot topic in the past year.

The county’s original ordinance had required land donations in excess of the state requirement for section lines of 33 feet on each side of the road center line. A required donation of 75 feet applied to county and township roads when development plats are approved.

The new ordinance wording removes the right-of-way dedication requirement along undeveloped section lines and along township roads, unless the township roads deviate from section lines.

Nancy Simpson, planning and zoning director, said there have been 10 or so variances to the dedication requirement in the past two years. Amending the ordinance should greatly reduce the need for such variances, she said.

Commissioners John Fjeldahl and John Pietsch cast votes against the change, which they said is inadequate.

“It’s part of where we have to go here to protect people’s property rights, but it’s not far enough,” Fjeldahl said. “I don’t think we should be taking right of ways without compensation.”

“If we can change it for the township roads, we should also be able to do it for the county roads, too,” Pietsch said. “That’s really what I would like to see.”

Simpson said the new comprehensive plan allows more flexibility in determining when right-of-way donations are required. How that might be applied is uncertain, she said.

“But I would assume that staff would recommend right-of-way dedication on areas where the development would impact the roads enough or where there’s a project that would necessitate right of way as well. So there will be more discussion. It won’t be a blanket statement that it always has to be done,” she said.

Additionally, the county is working with a consultant to update zoning ordinances to fit within the comprehensive plan. That process is in an early stage, but right of way is expected to be reviewed, giving commissioners another chance to consider the regulations when those ordinances changes come up for approval.

Commissioners also met in executive session to discuss an ongoing lawsuit over the right-of-way policy. Pietsch, who is among plaintiffs in the case, was not involved in the closed session.

The Ward County Farm Bureau and Ward County Farmers Union brought a lawsuit in federal court in February 2018, seeking the repeal of the right-of-way policy as an unconstitutional taking of property. Following the closed session, the commission approved a motion to continue as it has been with the lawsuit.