I have a question relating to a bridge and the County Department of Roads/Commissioners, but I thought someone here may have some insight.
I represent Landowner. About 100 years ago, County built a bridge on Landowner's private driveway, off the public right-of-way by about 30 feet. I don't know why this was done, and contemporaneous records are hard to find.
In the 1970's, Landowner's predecessor-in-interest went to the County Commissioners and requested that the bridge be replaced due to the unsafe condition. I have a county resolution confirming that the County would approved the construction of a new bridge at the same width and length.
The County Department of Roads has maintained the bridge and made small repairs as needed since that time. Semi-regular inspections have been done as well, with the last inspection occurring in 2022. There is a bridge number, which I assume was assigned by either the County or State.
Nothing relating to ownership of or access to the bridge (ex. an easement) has ever been filed in the County Register of Deeds.
Landowner has hired appraiser to value land for potential future sale. Appraiser requires that County affirm ownership in writing before making an accurate appraisal. County is refusing to do so, and now claims that they never owned the bridge nor have current maintenance responsibility.
I have so many questions. The main questions is this - How can I force or persuade the County to confirm ownership? Am I out of line in filing the 1970s resolution, and would that be enough?
Any assistance would be appreciated.
------------------------------
Daniel McMahon
McM Law Office, L.L.C.
Hastings NE
402-834-2022
dan@mcmlawhastings.com------------------------------