Dunn County pushes back on rancher's claims in property dispute

May 26—DUNN COUNTY — As previously

reported,

a recent road construction property dispute between Dunn County and rancher Dean Olson was the focal point of a May 17 county commission meeting. County Communications Specialist LoAnn Roshau provided the following information about the project, explaining why commissioners, with the exception of Bob Kleeman, argue the road belongs to the county and not Olson.

Road Project Information:

"The area located 2,000 feet south of 1U is officially designated as 115th Ave NW. This area is the section line between 25 and 26 of TWP 146-97," Roshau stated. "This road has never been abandoned, which means the county holds full responsibility and liability for its maintenance. Within the county's easement, there is an electric pole that needs to be relocated."

The total project cost, which includes construction, reclamation, fencing and culvert work amounts to $76,615, with approximately $15,000 already already spent.

For background, during a commission meeting on Aug. 17, 2022, a motion was made by Daryl Dukart and seconded by Larry Lundberg. The motion proposed that the county construct a 16-foot wide road on the southern end of the section line, connecting it to L St. Additionally, the road was not intended to be built according to regular county specifications, but rather, an engineering estimate was required to determine the feasibility and cost of extending the road to U St. The motion was voted upon, with Commissioners Marsh, Pelton, Dukart, and Lundberg voting in favor, while Commissioner Buehner voted in opposition. The motion carried.

On Nov. 16, 2022, during another commission meeting, then State's Attorney Stephanie Davis presented information regarding the section line road in the Mountain Range Estate Subdivision. Davis clarified that the section line road had never been closed and remained a public road. Davis was of the opinion that the county was not prohibited from making improvements to the section line road. Dean and Barb Olson were present at the meeting, and voiced their opposition to the proposed construction. Nate Brown participated via video chat. Upon further discussion, a motion was made by Dukart and seconded by Marsh to continue the aforementioned roadwork. The roll call vote resulted in Commissioners Marsh, Dukart, and Lundberg voting in favor, while Commissioners Buehner and Pelton voted against. The motion carried.

"The official plat map of the Mountain Range Estates Subdivision, signed in 1981 by the owners (Arthur and Sophie Olson) and the Dunn County Commission, confirms that 1U Street is a platted county road. The plat map demonstrates that the owner dedicated two roads, now known as U Street and 115th Avenue, for public use. The filed plat serves as a conveyance, transferring ownership of the lands dedicated as a County Road and lands dedicated to public use from the owner and their successors. Coincidentally, 115th Avenue also falls on a section line, which has been a public highway since Statehood," Roshau stated. "In such cases, platted lands intended for streets, alleys, ways or other public uses are held by the county in trust for the specified purposes outlined in the plat. The owner who platted the lands explicitly states in the plat certificate that the roads in question are dedicated to public use indefinitely."

Roshau refuted various claims that the county has neglected the maintenance of existing roads.

For More Information contact Buehner at 701-260-9122 or Cody.Buehner@DunnCountyND.org.