§ 91.51 NECESSARY RIGHT-OF-WAY.
   (A)   The property owner initiating a paving request is responsible for securing rights-of-way/ easements from all affected property owners. County staff’s role in the right-of-way/easement acquisition process is limited to the following items:
      (1)   Providing petitioners with official petition documents;
      (2)   Generating property owner name and address information (as available through the County Tax Assessor's property records);
      (3)   Staking approximate right-of-way for initial review by affected property owners;
      (4)   Commissioning property surveys to finalize right-of-way dimensions and location; and
      (5)   Assisting in the preparation/execution of required right-of-way/easement documents.
   (B)   The granting of right-of-way by property owners for county road paving projects is voluntary, and requires unanimous agreement among the affected property owners (a mere majority will not suffice).
      (1)   The county will condemn easements/ rights-of-way only to address safety issues identified by Public Works.
      (2)   In such cases, the county will condemn only the minimum property necessary to address the safety issues, not enough to accommodate a wholesale improvement of the roadway.
(Ord. 03-05-09, passed 4-5-2009)