Howard Anderson

Residents in Minot’s two-mile extraterritorial area deserve the same treatment as other county residents when it comes to rights of way, according to Ward County Commissioner Howard “Bucky” Anderson.

Anderson explained his efforts to bring the county’s right of way rules to the two-mile extra-territorial area at Thursday’s local government liaison committee meeting.

In 2018, the Ward County Farm Bureau and Farmers Union sued the county over its requirement that landowners platting parcels of 40 acres or less along county roads dedicate 75 feet of right of way on each side of the roadway.

By law, statutory easement of 33 feet exists from the center of township and county roads. Landowners own the properties but the county has the right to use the easements to improve the roads. Dedication, or donation, gives ownership to the county.

The lawsuit alleged the policy was a taking of private property without clear public need, due process or just compensation. A federal judge ruled the county’s policy was questionable but didn’t violate due process, and an appeals court judge upheld that decision. The plaintiffs lacked precedent at the time to bring the case as an unconstitutional taking and elected not to refile under that challenge.

However, the county commission revoked the dedication requirement and offered affected landowners the right to reverse previous donations. Several landowners have taken advantage of the reversal.

“We haven’t been giving reversals of right of way in the extraterritorial zone because the question is ‘who has the authority?'” Anderson said. He said his research indicates the county has authority unless ceding it to the city.

“Nobody’s been able to find out for sure if it was given verbally or in a written document. So, my plan would be to run this through the channels, run it through the county planning and zoning,” Anderson said. “We’ll see where it goes from there.”

The city’s concern is how surveying and recording costs would be paid if replatting is necessary due to a right of way reversal. The city also has right of way dedication guidelines it applies in areas where future growth is likely.

Anderson conceded the city should have access to the necessary right of way to improve its roads.

“You can have it,” he said. “But I think you need to pay for it.”