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Saturday, Apr. 30, 2016

Board tries to resolve easement

Monday, January 17, 2005

The Buena Vista County Board of Supervisors Tuesday wrestled with a road alignment on White Cap Road in the Casino Beach area to determine how far the road easement should extend onto affected properties.

County Attorney Phil Havens noted that when the county vacated an alley on the south edge of the properties along White Cap Road that was regarded as consideration for a widened easement. Two property owners who are affected are Dale Wordekemper and Bill Lanphere, who incidentally is a Buena Vista County supervisor who brought the issue of the White Cap Road easement to the table for resolution several weeks ago.

Havens said when he became county attorney the county issued a quit claim deed for its interests in the alley. He said one argument property owners put forth when they asked for rights to the alley was that White Cap Road had been widened and they should be compensated.

Havens said Lanphere wanted to have the matter resolved similarly both for himself and Wordekemper. John Murray represents Lanphere while Dan Connell represents Wordekemper. Havens said neither landowner would have liability for the road easement since the county was already a de facto owner through adverse possession.

"I do think, legally, we have an easement by prescription," Havens said. He suggested that a legal description be drawn up as to where the road is situated and then have an easement granted to the county.

"We want to resolve it and resolve it equitably among the landowners," said Murray.

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