County attorney instructed to pursue issues with CKC
Liability and compliance issues to be resolved
Marion County Commission took action Monday allowing county attorney Susan Robson to finalize issues with Central Kansas Conservancy and Rails to Trails project regarding compliance of state regulations.
Sheriff Lee Becker reported to the commission an incident where horses fell in a sink hole along the former railroad tracks, now owned by CKC.
Two horses, a mare and her colt, were running loose this past Wednesday night. The owner and sheriff's officers were attempting to corral the animals and keep them from entering U.S.-56, between county roads Eagle and Diamond.
Becker said the horses disappeared from sight and discovered the animals had fallen into a 12-foot sink hole. The hole was caused by erosion to an old drainage culvert.
The horses were rescued and sustained minor injuries.
Eight county residents attended the commission meeting to discuss liability issues regarding the CKC property.
Becker said he was concerned about the property owner's liability and to his knowledge, no one from CKC has inspected the property.
A copy of liability insurance coverage has been requested for the clerk's records.
Angie Jost of Hillsboro quoted state statutes pertaining to trails. She also expressed her frustration and the need to remedy the situation.
"The liability issue has been brought before the commission before," Jost said. "CKC is supposed to maintain the property. They signed a document stating their responsibility." She added they were to file insurance with the county.
Jost asked the commission if they had reviewed the amount of liability insurance required for CKC. The commission responded they have not.
Kevin Jost also expressed his frustration.
"State laws are designed to protect the landowners," Kevin Jost said. "We previously brought this issue to the commission. Somebody is going to have to pay for the damages. Right now, CKC has signed a document stating they would be responsible."
Kevin Jost added riders on four-wheel all terrain vehicles use the trail/railbed a lot.
"If a four-wheeler fell in the hole, it would be difficult for that driver to get out," Kevin Jost said. He added luckily no humans were injured in this particular incident.
"They're (CKC) lying to the government," Angie Jost said. "The county can enforce the law."
Angie Jost continued saying she had contacted the federal government who told her to contact the state government who said to contact the county government.
"The only time anything is done is when the landowners push it," Angie Jost added.
Clark Wiebe, adjoining landowner to the location of the sink hole, showed the commission a picture of a sign CKC had erected regarding the trail.
The sign read "Central Kansas Conservancy, Inc. No Trespassing. This Rails-to-Trails right of way is owned by Central Kansas Conservancy, Inc., P.O. Box 322, McPherson, Kansas, 67460 a non-profit 501c(3) organization.
"Until developed, only CKC membership and its agents with written permission are authorized to be on this trail.
"K.S.A. 21-3721 provides that Criminal Trespass is a class B non-person misdemeanor."
Wiebe said the commission has a responsibility to the taxpayers.
"It is your responsibility to protect us," Wiebe said. "Find some spine and step up to the plate and take this under advisement."
Commissioner Howard Collett said the commission has to go through the county attorney.
Robson said CKC had filed insurance documents with McPherson County and was asked to file with Marion County.
Commission chairman Leroy Wetta said the county needs to step forward and asked Robson about the process.
Robson responded she would need to do some checking and could take the steps to rectify it.
Becker asked if the county could force CKC to inspect their property.
Robson responded there was a previous agreement made by the previous county attorney that restricts improvements.
Wetta said he was concerned with the county's attorney bill, if the case should end up in court.
"I'm not disagreeing with the problem," Wetta said. "It's a matter of finding funds."
Angie Jost added fines could be imposed for being out of compliance and the county could ask for a plan.
Kevin Jost said state statute allows to years for the development of a trail.
"It's been seven years since this started," Kevin Jost added.
It was determined enforcement would be through district court.
Wiebe said he would be willing to bulldoze and correct the situation.
Discussion continued regarding the liability issue and the resulting aftermath.
"We can't be too afraid of what CKC might do," Angie Jost said.
Wetta asked the commission if they were willing to put money behind the issue.
"Landowners have put $35,000 behind it," Angie Jost said.
Commissioner Bob Hein said, "Something needs to be done about the hole."
Wetta agreed but was not sure how to accomplish it.
"It would be like the county paying for the filling of a hole in the middle of a field," Wetta said.
"We need to direct the county attorney to take the necessary steps to bring to a head," Collett said. "I realize it will take some money."
Wetta clarified Collett's motion to complete compliance or abandonment.
"Be ready to go to war," Wetta added.
