CASPER — A back-and-forth debate with Natrona County and private landowners on the back side of Casper Mountain over ownership of a well-used road has finally been settled.
After decades of maintaining County Road 505 while not actually owning it, the county has finally jumped through the legal hoops to claim the road.
Natrona County commissioners voted 4-0 Wednesday to order the establishment of the road, also known as Circle Drive, following a four-hour hearing. The court-like hearing in commission chambers included a hearing officer, attorney, recorder and sworn witnesses.
The hearing and establishment of the road was uncontested by a Natrona County ranch and its owners, who initially challenged county ownership of the road earlier this year, and even blocked it at one point.
Attorney William Hiser of Laramie outlined the Wyoming law that would allow the county to establish the road as belonging to it through the legal “prescription” process. To do that the county needed to show control of the road or maintenance over a 10-year period.
The hearing included testimony by Natrona County Road and Bridge Superintendent Mike Haigler, a county GIS expert, a surveyor and a Casper Mountain resident who also is director of the Bureau of Land Management for the Casper region.
Clients ‘Never Wanted Fight’
During public comments, Casper attorney John Masterson, representing Woodbury Land and Livestock LLC and Walt and Stephanie Woodbury, apologized to the commission for the way the entire conflict played out.
“Despite what may have been portrayed in various forms of media or perceived by the county or said by any individual, the Woodburys really never wanted a fight,” he said. “They know the importance of Circle Drive and the construction that used the road. Everything that took place between the Woodburys and the county can only be described as profoundly unfortunate.”
Masterson asked the county to consider installing more signage along the road, including private property signage along the areas where Woodbury property touches the road. He said to preclude “mud bogging” and other destructive off-road activity along his client’s property, he asked that the county block the side of the road with rocks or some device at strategic places.
The landowners would work with the county in identifying the areas of concern, he said.
In July, the Woodburys blocked a portion of the 13.5-mile road at their property line, but after a few days it was cleared by the county. The ranchers initially came to the county with a letter asking for electronic gates on the road and claiming that the roadway across their property which they purchased on September 23 did not legally belong to the county.
Testimony Wednesday from Casper Mountain resident Chad Culver countered the Woodbury’s claims.
He said he has lived on the mountain for five years and bought his property with an easement for Circle Drive, which “I knew and so did the Woodburys.”
“There is no evidence of appliance dumping, extra vehicle off-road use, mud bogging or racing. There’s a lot of us that are very angry up there,” he said. “That road (needs to be) accessible for an escape route.”
10 Years
Wednesday’s session was led by hearing officer Ryan Ford who swore in the witnesses. Hiser then questioned the witnesses and introduced 27 exhibits that showed evidence of county control and maintenance of the roadway for the past 10 years. The 10-year time frame was necessary to meet statute requirements to claim the road.
Newspaper articles, official federal government maps and testimony revealed the road likely was country controlled going back to the 1920s.
Haigler testified about using the road as a young man on hunting excursions and of being accidentally shot in the leg by the discharge of his own weapon as a deputy sheriff in the 1970s on the road during a winter search for missing girls.
As a deputy sheriff, he said the department regularly patrolled the road in the 1970s.
Haigler also answered questions regarding county records introduced as evidence showing $213,760 spent on maintenance of the roadway since 2014.
Natrona County GIS analyst Nancy Moody testified to the existence of the road on U.S. National Geographic Service maps from the 1970s and a 2004 map from aerial imagery by a company again showing the road in existence.
BLM District Manager Kevin Christensen testified as a young man how his family brought a semitrailer of supplies to build their cabin using County Road 505 and how his agency had a file on the road from the 1970s.
BLM Acknowledgement
Christensen said that in 2003, the BLM granted right of way access across BLM land adjacent to the road to a rancher using County Road 505 as the starting point. He said that fact showed the BLM’s position about the road.
“We’re acknowledging that (the road) is out there and it is being maintained by the county,” he said.
Commissioners Steven Freel, Dallas Laird, James Milne, and Dave North voted to establish the road. Chairman Peter Nicolaysen did not vote.
“I believe without a doubt this has been shown to be a county road for approximately 100 years that we know of. The details that have been presented supported that,” North said. “In my mind there is no doubt this is a county road and it has been one.”
Freel, Milne and Nicolaysen all echoed the need for the county to do a search of other roads and get those legally established and recognized if need be.
Dale Killingbeck can be reached at dale@cowboystatedaily.com.
