Approving a proposed subdivision request is placing the Johnson County Commission in a seemingly “no win” situation.
The Ross Minor Subdivision was approved on Tuesday without a potentially legal right-of-way.
Located near the end of the Billy Creek Access Road, the right of entry to the potential 4 residential lots uses state-owned land, county roads, and BLM road where the latter is identified as “limited access”.
The Commissioners were given three possible decisions in considering the subdivision request, denying the request, approving the request, or a “stay” in the action.
When asked by Commissioner Linda Greenough which of the three posed less of a chance for the county to be free of potential litigation, Assistant County Attorney Barry Crago’s response was this…
According to Johnson County Planner Jim Waller, the BLM roadway provides only a nonexclusive road easement and does not clearly allow anyone to travel the road to and from a residence.
