I recently have had once person make an application under the Neighborhood Road statute and another one coming. Both want roads to landlocked property for a single individual. After loking at AG opinion from 1998 and the cases it cites, I really believe this is an unconstitutional statute. Do any of you get these applications and what are your procedures for handling them? Any help will be appreciated.

Wait for Lisa Peterson to come back from a well-deserved vacation and she will have an answer for you.

You are correct. Probably because they lend themselves to abuse, neighborhood roads are a thing of the past. I have not had many inquiries about them, but generally try to inform the landowner of the AG Opinions - and of the fact that this is between the land owners; not a county issue!

(Thanks for the kudo, Ken; the vacation isn't until September. Right now it's computer and internet problems...!)

Lisa-

I tried to explain the AG's opinion to the landowners's attorney but he filed the application anyway and now wants us to serve all the property owners. He failed to mention, but I found out that he just lost a lawsuit against the private property owner. The attorney for the other property owners says that he has access another way that he allowed to grow-up, etc

Here's my question-Do I have to serve these summons and grant him a hearing or can we deny it after receiving the application?

Julie

Best I can tell, there isn't a definate answer to this one. My instinct would be to go ahead and serve the summons, have the hearing and let the joker get poured out - then it shouldn't come back to haunt you.

The other way, I think you will be fighting this a little longer, and possibly through more courts.

Lisa