~/~sl.I
Item No. ~.4
Consider whe'ther' or' not the Y. U. Ranch Road and Habermacher
Road are County Roads.
Mr. Oehler stated that Mr. Jack Klein has asked him to take
the r•nad off the Ca~_inty maintasned list? 4Je ar•e hzr•z to find
o~_,t whether or not these roads have been co~_mty maintained.
I wo~.ild like to hear what everyone has to say on this matter.
Attorney, Felix 1:lein addressed the Court stating he is
representing Mr•. Warren Klein on whether or not the Y. U.
Ranch Road is a co~_,nty maintained road.
Ir-~ 1900 the Commis=_ioner•s" L'o,.ir•+. adopted a list of La~.,nty
Road=: which list the Y. G. Ranch Road a=> a Co~.,nty Road. The
Unitized system was developzd in 1900 with vario~.,s roads on
the list. The ScF;r-eir,er•s" have i_ised this road since the
195"s. In 1951 this road was built by the Schreiners" after
the permission was given by Mr-. Warren Klein. l"he road was
relocated at a later date in 1906. The Schreiners asked to
be able to p~.,t i.n an improved road aid I wa=_ told the
Schreiners had done the war4< with their 'Y~ands and at na time
has the Co~_,nty maintainc~~cJ the r-aacJ. Ri~t Jon - Rttor'ney far
Mr. Schreiner stated I-~e wo~.,ld o~_ttline the Schreiner's
~_tnderstanding and position. T'he Schreiners and Warren Klein
are very close. Basically in 1995 there has been a
mis~_,nder-standing beca~.,se this road has been maintained since
the 195"s. [n the late 190N"s the co~.tnty paved the road and
has always been maintained by the County. From 197 to the
pr•zsent the public has came and Bane on this road at will for
over- 50 years. There has been no req~_ies.t to ~_,se the read or
a denial to ~_ise th,e road. Commercial. I7eliveri.es have ~_,sed
this road, Sctu;aJ. B~.tses, C~~.,est of` the Schrziner•s" and in
recent history landowners have ,_,szd the road to gain entrance
to tl-,eir• property. Mo or,e has ever been stopped from .,sing
the road. In 1900 the Coi_mty confirmzd it was county
maintained. The Schreiner family has requested a dac,_,ment
from Iris. Klein stating this but they have oat r•ec•eived it as
of yet. They can't agree to non-stat~_,s and cannot permit it
to be n.rt off from usagz. Warren Klein -- stated Mr•. 1='ollard
drew ttp a doc~_,ment and tho~.ight the Sct,r•einer-s had 'received a
copy. Rt times I wo~_ild call the eo~.,nty after a bad rain and
ask if thev woi_,ld come and clear the road aF~F. As far as the
Co~_,nty coming o~_rt to work on the road I don't ever remember
hear-~ing any work being dare on the road. Rttor-ney far Mr•.
Klein reminded the i:o~_,r•t of Article E,8 "v" Sub section R the
Co~_mty may acq~_,ire roetd by p~_,rchase, condemnation, ar-
dedication.
pRGF: 60
There ha; oat peen any co~_rrt determination. It also states
that yo~_r m~_rst publish and r-et;ort a doc~.rment strowing
acgi_risition, and give written notice to each landowner. None
of the prerequisites have been followed. Mere maintainance
01= the road does not establish adverse possession. It is not
a road that is private it is a pi_tbl is road. flit Jons - F'riar'
to 1981 most r~_rral roads were covered ~..rnder this section,
this statue only addresses private road. This case doesn°t
address public roads prior to x981. 'The list confirmed that
the roads were maintained. Rit Jons -- L;y it being an the
Coi_rnty road list does not imply it way dedicated to the
Ca~anty. 'this is a co~_rnty road and is designated as a p~_rblic
road. Attorney Klein -- h~_restion: Mr. Oehler-, do yoga know
where this road i.s located? Yes Sir, it is 17 miles west of
Mt. Fiume consis~tinq of i.~/1~ miles of a road ~_rp to the gate.
This road doe=:. ga thro~_rgh Warren K.lein's property. Attorney
What I am asl~inq for is this road to be taken off the Co,_mty
road list'' Commissioner Holekamp, Rre we going to be
reimbursed on work already done on road? Answer: I tho~_rght
the Schreir~ers' had paid ror' t.tre work that was done on road.
Gary Kersey spoke for the Haber'macher-'s .and their road, He
stated that H.aberm~:,cher Road is also known as K].ein Leinweber-
Road. This road goes thr^o~_rgh the Klein property. We have
affidavits signed by Ex-Commissioner-=. Roger Stone, Hilly
Gutherie, Lee GoFf and Milton Lee a i~o~_mty Maintainanr_e
Employee. A petition signed by the landowners wishing to
have the work done or. the roads. The Co~_rnty has maintained
thr.s road for over 40 years. We have bills where paving and
L-ase were dune on the road by Jack Smith who was an
administrator o~F the Road and Aridge Uepar~tment at that time.
TI-re bill is a total of $E,10k1.N0 dating 1985-1986. Tn 1988
there was a list s~_rbmitted to the Co~_rrt .t.o acce.pt the roads
in the County. Several of these roads were in vario~_rs
conditions and Habermacher-Klein Leir~~weber Road is or. this
list as being co~.mty maintained. There is a r_o~_mty order #
18~1~ that states this road is a co~_tnty maintained road ire
Prect # 4. Rit ,Jons the Y. 0. Ranch Road has been
neglected for the past two y˘rars and I wo~_,Id like for i.t to
contirv_re 'to be co~_rnty maintained. h1r. Odom, Road and Fridge
Administrator stated 2 years ago he had looked at the two
roads. On October ,:;0, 198E we did some work on the roads
tataliny $1, 149.Nt?~. I have not done arry mair~tainance
c~_rr-rently nn the road d~_ie *.'o it being in litigation. bJarr'en
Klein - if the Coi_rnty did do same work on the road the County
didn't have permission to do so. Ted Lackey, a Co~_rnty
Employee stated I mair~ta:ined bath roads when Commissioner-
G~_rtherie and Commissioner Stone were in office.
PAGE 6i
Charles Habermacher• - the Cn~anty did do r^o.ad work and I don't
thin4< ±:he County wo~_rld he,ve spent this money to have repairs
done if it was oat a co~_inty road. Mr. Klein ~- Commis..=_iwner
G~_rther'ie did maintain it and wo~_rld come o~_rt everytime I
called. Especially when i~t was election time. The Co,_rnty
took and removed all metal cattle g~.tard=_ and replaced them
with cement. Neil 1{lein ~-- how ar•e we si_rpposed 'to I<eep
trespasser=_ out or from coming on this road'' Holekamp -
Tl~~er-e is a constable that works that area and does pros.ec~_rte
people for- trespassing. David htotley stated we have cases in
Coi_ir~ty Co~_mt at Law that are prosecuted for trespassing. h1r
Habermacher wa=. told :i.f I-;e ever sold the property that the
pi.iblic would not be able to ~_rse this road. ~o he asked the
f:lein's to give some tyF_re of easement to the property.
Rltho~_rgh he ha=_ no intention of selling the property b~_,t he
didn"t think this was right.
Kathy Klein I-',ebl:inger addressed the Ce~_ir•t stating there were
three people that awned property. Mr. Haber•mact~rer• wanted an
easment to 'the proper~ty9 b~_rt I was the only one he spoke to
of the three owner=_. l~~hi.s road goes between the hoi_rse and
the barn. None of 'the F:lexr~'s live on the property, The
disc~_~ssion held was very informal. b~.tt then again he only
spoke to me and my father9 not the other two owners. There
has never been an agreement on the road maintenance. It only
^ went to the family that lived down to the end of the road,
and the 1:leir~'s didn't want to give a permanent easement.
Commissioner- Oeh7.er stated the,t he begged to di~F~Fer with her
bttt tha+. there were some other people that lived or. that road
beat co~_ild not remember their' r; amen. I-iow are they s~_~ppo=_ed to
get to their property`' Mr-s. I;ehlinger stated that their was
another way oat. Ils,_+ Liar.ley, Resistant Co~_uity Rttorney
stated she spoke witFr tor. Kersey abo~.it an easement. I
enc~:~~_rr•aged him strongly riot to do the easement beca~_rse this
would indicate the road was not a public: road. Mr. Kersey
stated the only reason he was trying to get an easement was
to save his client some money on litigation fees. Mr. Klein
stated that the road r~_rr-~s right near his pens and he wo~_ild
F. ~_,ve heard t:he work being dor~P rf it was done, and if there
w•_+s any work being dune nn the road it was fcr the
convenience of the Y. 0. grid oat me.
Rfter all the testimony was heard it was tha decision nF the
Co~.irt to reaffirm that the. Y. 0. Ranch Road and Habermacher
Road are co!~.nty reads and will continue to 6e maintained by
the Coi_~nty.
F'R6E E. c: