Lyons explains Fish House Rd. situation not with the county, private matter

     The Jones County Supervisors talked to County Attorney Kristofer Lyons during their Sept. 20 board meeting concerning the ongoing discussion about Fish House Road.

   Benjamin and Dani Silver were also present again, as was County Engineer Derek Snead.

   Lyons told the board that he had been in talks with the Silvers and their lawyer on the matter of their neighbor Chuck Durgin, the fence line encroaching on their property/driveway, and the drainage of the ditch.

   Lyons also spoke with Snead and shared that Durgin's fence is not an issue for the county.

   "The original easement was granted to the county," Lyons said.

   He commented that the Silvers "are in a tough position" because there doesn't seem to be anything the county or township trustees can do in this matter.

   Ben, again, referenced Iowa Code 650.14, which states that once a boundary line has been in place for 10 years, it's "permanently established."

   "Where does that take effect?" he asked. "It's a state law; the boundary should stay."

   "You're probably right," offered Lyons of the state code, "but there are a lot of other factors that go with that."

   The Silvers also said that Durgin is not the landowner, but his daughter is through an LLC.

   "The fence is still an obstruction in our driveway," pressed Dani. "The school bus won't pick up our kids because our driveway is a safety hazard." She said it's also a problem for emergency services.

   Lyons said the Silvers might have to file civil action against Durgin.

   "Based on what you're articulating, I don't know if the county is the decider here," Lyons said.

   "We shouldn't have to pay a lawyer because it's a county deal," argued Ben. "We've talked to people (about this) all the way up to the Governor's Office."

   "The boundary line is to the center of the roadway," explained Lyons. "It's possible Chuck misunderstood what Derek told him."

   Lyons felt that having a fence viewer review the situation would be a moot point.

   "This is between two private individuals versus an owner and the county," he said. "I don't know if the county's right of way is affected. I don't know if the board of supervisors has a solution, and we can affect anything going on out there."

   Dani asked if they could get a permit to build a new driveway rather than pay to extend their existing one. She said they don't wish to endure the cost of maintaining two driveways.

   "If we removed the old driveway, that would end the easement," she said. Not to mention the plugged culvert in the ditch, another obstruction for the Silvers.

   "We could put in a new driveway and be done with the mess," continued Dani.

   Snead informed the Silvers that their permit was approved for dry fill and to proceed with a driveway.

   "The pipe is out there and Chuck has until November to do the ditch work before the permit expires," said Snead.