By John Estridge
For decades, and probably longer, people have come to the Franklin County Commissioners wanting the commissioners to reopen old roads.
Usually, the roads in question were old township roads. That means, prior to the 1930s, roads within the county were maintained by townships. Farmers and other property owners worked off their property taxes by hauling and spreading gravel on the road system.
In the 1930s, the county took over the maintenance of the roads. However, not all of the township roads were accepted into the county’s inventory. There are several roads, such as Jim Run Road, where there is an Upper Jim Run Road and a Lower Jim Run Road, but they do not meet in the middle, because the county refused to accept and maintain that middle portion.
For the last several Franklin County Commissioner meetings, Brookville attorney John Bear and several landowners he represents have attended the meetings and lobbied for the county to open up County Line Road also known as Offset Road and Senft Road. It runs from Indiana 1 west across properties owned by the Wilhelm extended family.
Property in that area is zoned light industrial and is open to commercial development, especially in Dearborn County. Not too many years ago St. Leon expanded its town limits north to the county line.
Without the road frontage, some property parcels become landlocked and destroys the property values, Bear said.
And Indiana law says that the northern county maintains a county line road.
According to Bear, what makes this different from other township roads is this was mentioned as a county road and apparently, the county receives money from the state as it remains on the county’s road inventory.
It was noted there is a historical precedent that Dearborn County helped with road maintenance on that stretch in yesteryears. However, after Franklin County Attorney Grant Reeves checked with Dearborn County about helping with the maintenance, Dearborn County pointed out that area is now within the St. Leon area of responsibility. Efforts to contact St. Leon officials have proved fruitless, Reeves said. No one has returned phone calls and other overtures.
FC commissioners are concerned about setting precedent concerning starting maintenance on a road that has not been maintained for decades. Commissioners said the county does not have money to properly maintain its current road system.
However, Bear said this is not an old township road, but was designated a county road and is still on the county rolls.
At the last commissioners’ meeting, the argument was over to what degree Franklin County should maintain the road.
County highway engineer Larry Smith said he walked the road and even though he dug down, in several places, did not find any evidence of gravel having been used on the road. Smith said some ruts in the road path are two feet deep and still showed no signs of gravel. He said the county should go in, clear the trees away that have grown within the road right of way, which should be 12 feet. Brush should be cut away in places. Ruts should be smoothed out. He estimated the cost at not more than $5,000.
Affected landowners and Bear took issue with Smith’s analysis. They said it was gravel and should, at the very least, be brought back to the gravel status.
Commissioners voted 2-1 to follow Smith’s advice and bring it back to a dirt road, spending not more than $5,000 in the effort. Commissioner Tom Wilson voted against it. He maintains this is not a county road.
Bear argued the road should be at least 30 feet wide. There is a good possibility Bear will file civil proceedings against the county over the situation, he told commissioners. He said damages could amount to direct and indirect costs to his clients because of the county failing to maintain the road in the way it has been done historically.
Bear said the vote will start his clock to file a lawsuit.