August 1, 2019
Nebraska

Commissioners address right of way issue

Friend Sentinel | July 31, 2019 | www.sewardindependent.com

An official complaint regarding a right-of-way occupancy on County Road M and under Road 400 in Saline County was addressed by the commissioners board at its July 23 meeting.

The ROW request was approved at the board’s June 25 meeting and was submitted by Milligan 1 Wind LLC.

Wilber resident Sandra Koll spoke on behalf of Marilyn Capek, who filed the complaint. Capek owns the land but lives out of state.

In her complaint, Capek asked the ROW to be vacated as she had “no direct communication” from officials on the occupation, nor does she have any contractual agreement with the wind farm project on such usage of her property.

Koll asked Highway Superintendent Bruce Filipi what legal rights the county has when it comes to county right of ways.

Filipi answered that the county owns 66 feet within the right of way to do what is needed, whether that be public utilities, road maintenance or install culverts.

The board could not take action because there was no action item listed on the agenda.

“I think there needs to be more discussion before anything goes further,” Saline County Attorney Tad Eickman said.

In another matter, the board approved the landing of a National Guard helicopter to be displayed Aug. 3 during Czech Days.

The board had discussed this item previously regarding liability issues before any action was taken at its July 9 meeting, since the helicopter will land near the Saline County Courthouse parking lot.

Saline County Emergency Director John McKee presented on updated lights needed to meet FAA regulations regarding a communication tower located north of Swanton.

McKee said the lights on the top of the tower are not switching over to red lights in the evening like they should, causing interference with locals and law enforcement.

Zephyr Towers LLC of Beatrice was chosen to install new lights, coming in with a bid of $23,530.25.

A minor subdivision for Linda Givves was approved for a precinct in DeWitt, to have her house and the three acres given to her as separated properties.

URL to article:  https://www.wind-watch.org/news/2019/08/01/commissioners-address-right-of-way-issue/