UPDATE 7/16/24: Natrona County Officials Remove Road Barricade Erected By Ranchers
A Natrona County ranch couple with property traversed by County Road 505 on the back side of Casper Mountain have closed the road at their property lines.
The closure to a portion of the 13.5-mile road that stretches from the top of Casper Mountain to Wyoming State Road 487 occurred on Friday. Monday morning the hand-painted “road closed” wooden sign remained in place on northeast side of their property, attached to two posts with a quarter-inch rope.
County Commission Chairman Peter Nicolaysen said commissioners who have a scheduled meeting today on other issues, intend to talk about the issue in closed session.
“The county is extremely concerned. We are going to visit about this issue tonight most likely in executive session,” Nicolaysen said. “I’m not sure how much discussion we will have in public session at tonight’s meeting.”
A Natrona County judge recently denied a county request for a preliminary injunction against Woodbury Land and Livestock, LLC, and Walt and Stephanie Woodbury and their efforts to limit access to the road because of trespassing, littering and other issues on their ranch parcels.
The Woodbury’s attorney John Masterson did not immediately return a request for comment.
Part of Judge Joshua Eames reasoning for the denial was that no actual complaint had been filed by the county and no action had yet been taken by the Woodburys on a threat to block the road. There were no injured parties the county could point to.
The county also has not been able to prove that the road was legally established — though it has been on county maps and been maintained by the county for decades.
‘Disappointed’
Nicolaysen said Monday he is “disappointed” at the Woodbury’s tactics and timing to block the road.
“That little Mickey Mouse barricade that they put up, I have some concerns and others have some concerns about (the) location. … People who are traveling might not see it -- or see it too late,” he said. “There is kind of safety hazard that has been created. In addition, the county is looking at these construction projects on Casper Mountain and the fact is these landowners knew that paving was going to start Friday.”
The road is blocked about one mile southwest of the Muddy Mountain intersection at the couple’s property line. It is also blocked on the south side of their property, according to Natrona County Roads and Bridge Superintendent Mike Haigler.
A Cowboy State Daily tour of the road to the blockade on Monday morning showed at least one layer of pavement completed from the start of County Road 505 at the top of Casper Mountain to the Muddy Mountain Intersection. About two miles of a second layer of asphalt had been laid down in just one lane from the Muddy Mountain Road intersection back toward the top of Casper Mountain.
Haigler said there are still more than four miles of road that needs the second layer of asphalt on it. Currently the asphalt plant is down due to a broken part — which is helping the county avoid potential contract penalties for idle equipment.
Both Nicolaysen and Haigler said the penalties if invoked could turn into thousands of dollars a day.
“And if you think the county is going to be happy with that and that the taxpayers are going to be happy with that … this is a big issue for us,” Nicolaysen said.
Front-Side Hauls
Haigler said getting the asphalt up the front side of the mountain on Casper Mountain Road in semis is not easy. Because of the steep grade and switchbacks, the trucks will haul less material, which will cost more money to get all the loads up the mountain.
“They can come down empty, but they have a horrible time going up because when they go to shift, if you miss a gear, you break a drive line, you tear out a rear end. Then you’ve got a real problem because you can’t even move the truck,” he said.
Haigler said the road projects occurring at the top of the mountain never planned to use Casper Mountain Road and the front side of the mountain for access.
BLM spokesman Tyson Finnicum said he is not anticipating a significant impact to their road project schedules due to the blocked road.
“The next step is paving portions of Muddy Mountain Road and the equipment needed to do that is already there,” he said. “After paving, the remaining tasks are relatively minor, like installing a gate and bollards.”
Another issue facing contractors is removal of heavy equipment already on the mountain. Some of it may be nearly impossible to get down through Casper Mountain Road on the front side.
Nicolaysen said the county has not spoken with the Woodburys or their attorney.
“When they say we are going to start negotiations on the basis of seasonal closures and restricted individuals going up and down it, those are really non-starters for the county,” he said. “It’s one thing if it is not an important road and it hasn’t been used before and it’s off in the middle of nowhere … It’s almost like a land grab with all the state and federal land back there.”
The county recently began legal efforts to establish the road as a county road through “prescription” or “adverse possession.”
Under the process the county has to conduct a survey and plat of the road, file it, and then publish a notice of the county’s intent to establish the road. A deadline would be set for any objections from those who have an interest in the lands on which the road accesses. A public hearing date would follow.
Wyoming law states that to claim adverse possession, the land has to be occupied openly, exclusively, and continuously for 10 years.
Nicolaysen said he was not sure how far along the survey and plat of the road is, but that the process continues.
