Kay County Wants it Both Ways

[TwoForFlinching]

Here's an interesting story for you.

My family lives up in Kay County in one of those little rural neighborhoods. It's an old neighborhood from the 70s/80s, and the road through it is pretty terrible.

The County and residents have always held that it is a private road and that maintenance and resurfacing is the burden of residents.

Over the years, lots of young families have moved into the area to replace the dying and moving retirees. Since covid hit, the kids on the block have been back outside riding their bikes/atvs/motorcycles around to each other's houses much to the ire of the elder residents.

They've called the sheriff's office a lot over this past year. The argument being they have no traffic jurisdiction on that private road. The confrontation between neighbors came to a head a few weeks ago in a heated multi-neighbor exchange over the kids causing the road.

The DA got involved and unilaterally deemed it to be a County road, giving Kay County Sheriff's free reign to threaten the kids parents over their riding toys. This was about a month ago.

Today, residents of that neighborhood recieved a packet in the mail detailing the new road the County is agreeing to put in, but Kay County and assessors office list it as a private road, and homeowners will be assessed the cost of the new road on future county taxes based on lot size per sq/ft.

How can it be a private and public road at the same time?

 

[dennishoddy]

Not sure where that would be located unless it’s ranch drive or the McCord area, maybe Pleasant view?
I can see some court time if someone wants to press the issue either way.
Are the kids damaging the road? UTV’s are legal to drive on most Oklahoma roads now if they are street legal.

 

[HFS]

If there is ANY WAY WHATSOEVER that a government organization can take control of something, while at the same time taking no responsibility themselves (passing that on to the poor taxpayers) - then yes, that's exactly what government officials are going to do.

EDITED TO ADD: And they (government organization) will do it legally, illegally, within the law, the law be damned or whatever.

 

[Okie4570]

"Private" road surface/material..... "county" law enforcement of the road usage? Not sure there. One of the residents will put an attorney on it I would imagine soon.

 

[TwoForFlinching]

Not sure where that would be located unless it’s ranch drive or the McCord area, maybe Pleasant view?
I can see some court time if someone wants to press the issue either way.
Are the kids damaging the road? UTV’s are legal to drive on most Oklahoma roads now if they are street legal.

It's a little road community between Lake Road and South Avenue out by the lake off of Prentice. By the states own statute, it's not a private road because it doesn't connect two or more county roads.

No damage to the road, these are little Chinese ATV/pit bikes that do a staggering 25 MPH with a strong breeze.

"Private" road surface/material..... "county" law enforcement of the road usage? Not sure there. One of the residents will put an attorney on it I would imagine soon.

Oddly enough, the residents orchestrating the county tax deal (who are also the residents who call the sheriffs with noise complaints of the dirt bike/atv kids in the middle of the day) included a letter with the packet about how they've retained their own lawyer to see this goes through, implying the threat of an HOA-tyoe lien/lawsuit to any who oppose/can't afford the road.

They have no HOA in the neighborhood.

 

[dennishoddy]

It's a little road community between Lake Road and South Avenue out by the lake off of Prentice. By the states own statute, it's not a private road because it doesn't connect two or more county roads.

No damage to the road, these are little Chinese ATV/pit bikes that do a staggering 25 MPH with a strong breeze.


Oddly enough, the residents orchestrating the county tax deal (who are also the residents who call the sheriffs with noise complaints of the dirt bike/atv kids in the middle of the day) included a letter with the packet about how they've retained their own lawyer to see this goes through, implying the threat of an HOA-tyoe lien/lawsuit to any who oppose/can't afford the road.

They have no HOA in the neighborhood.

I don’t see the issue of the bikes being used.
Sounds like someone is on a major power trip.
I hope someone calls their hand.
One more reason I’d never live under an HOA.
I’d be the one committing the most egregious violations and daring them to do something about it.
Give me country living.

 

[TwoForFlinching]

I don’t see the issue of the bikes being used.
Sounds like someone is on a major power trip.
I hope someone calls their hand.
One more reason I’d never live under an HOA.
I’d be the one committing the most egregious violations and daring them to do something about it.
Give me country living.

Same/same. They opted for that neighborhood because there is no HOA. My parents and sister said they'll spend 10x's what it would cost to fight it and have the county declare one or the other. It's either private or public, can't be both.

 

[dennishoddy]

Same/same. They opted for that neighborhood because there is no HOA. My parents and sister said they'll spend 10x's what it would cost to fight it and have the county declare one or the other. It's either private or public, can't be both.

Exactly.
When we bought our place in Osage county, the real estate agent told us that since our 3/10 mile driveway was on a mile line, it was a county road.
When time came to add gravel and grade it, the commissioner said it was a private road.
Perfect as far as we were concerned. We can dictate who can and cannot use it, and maintain it as we see fit.
We even ride ATV’s on it!

 

[Ahall]

Read your abstract.
You may find some helpful or disturbing stuff when you read an abstract.
They will cure insomnia.

I live on the border between subdivisions and large tracts of land.
My property is still zoned agriculture and was broken out of a farm before the rest of the area was broken into small residential lots. So my neighbors have more restrictive zoning than I do, and I am perfectly happy to point it out when the issue is raised.

The neighbors were supposed to have formed an HOA when their part of an old farm was subdivided and rezoned.
My property was larger, not included in the "subdivision", and exempt from the HOA.

Currently there is no HOA, but the requirement to form one is buried in covenants on the neighboring property from 50 years ago, along with a bunch of other stuff I don't have to do and no one enforces on my neighbors, but its there if an attorney wanted to get involved.