Ward County commissioners took a different tack with the county’s right-of-way reversal policy Tuesday, June 2, in voting to make a purchase offer to maintain control of roadway infrastructure.

The commission needed to make a decision when Souris Valley Bowmen requested to have its donated right of way along County Road 12 returned.

Ward County had adopted a right of way reversal program in 2022, enabling landowners to request the return of any right of way they were forced to donate along roadways.

The policy followed a lawsuit brought in 2018 by the Ward County Farm Bureau and Farmers Union over the county’s 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. Although the farm groups didn’t win the lawsuit, the county dropped the requirement and adopted the reversal program.

The property along County Road 12 differs from most county roads, however, because no statutory easement exists, according to Ward County Highway Engineer Dana Larsen. By law, an easement of 33 feet exists from the center of the section line. Landowners own the properties but the county has the right to use the easements when needed to improve the roads. Landowners who regain their donated right of way under the reversal program still have the easement.

County Road has been in place for many years, deviating from the section line due to the terrain and eventually becoming paved. Developments along the road include housing and a law enforcement range.

Larsen argued against granting Souris Valley Bowmen’s request to return right of way, explaining the county has culverts in the area and maintains the roadway. Those culverts would end up on private property and the road would be outside county jurisdiction if the county returned the right of way.

“I see the need to have the right of way. I believe we should pay them for it,” Commission Chairman John Fjeldahl said. “That’s what we would do today if we were building that road.”

Commissioner Miranda Schuler suggested returning the right of way in exchange for an easement for in-slope and culvert maintenance.

“If they say no, we can negotiate, but I don’t think it’s responsible for us to deny them the reversal they are asking for and just send them a check,” she said.

Her motion failed 4-1.

Schuler also raised concern that payment would set off a series of similar requests from other landowners, putting the county in the position of over-extending its budget to make the payments. Although not all right-of-way properties along County Road 12 are needed for county maintenance, Larsen said payment also could set a precedent for another development, Meadowbrook, which is in a somewhat similar situation with right of way donated years ago by some of the landowners.

A motion to deny the return of Souris Valley Bowmen’s right of way and instead make an offer to purchase the property for about $2,000, using county highway funds, passed 1-4.

“I don’t think this is the right way. If we do this for one, we should do it for all of them,” Schuler said.

“We are doing it for all of them that request,” Fjeldahl responded.