| Section line dispute aired at commission meeting |
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By Curt Nettinga Hot Springs Star - Hot Springs, SD |
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HOT SPRINGS – A neighborhood dispute over an existing fenceline and gates and an ensuing petition, were discussed at the Dec. 2 Fall River County Commission meeting.
At odds are rancher Archie Collins and several of his neighbors west of Hot Springs, near Minnekahta Junction. The dispute rises over the location of a fence, on Collins’ side of a section line and gates that are located in the fence. Collins was represented at the meeting by attorney Jim Sword. "All we are asking is that the fences and gates in question, be allowed to continue to exist as they have for the past 30 or 40 years," Sword said on Collins’ behalf. "Mr. Collins is a rancher and the gates and fence are part of his calving pasture. He needs the gates to keep his cows in during calving." Sword showed the commission pictures of a gate and post which he said had been destroyed, with no repair or replacement completed. "All we are asking is that this be treated as other gates and fences near a section line; that when something like this happens, we be allowed to call the sheriff and have him investigate the incident," Sword said. Winthrop Brookhouse, one of Collins’ neighbors, read a statement in which he stated that it is the county’s responsibility to make sure that every person has access to their property and to highways. "We have been working to develop the area," Brookhouse said. "But have a difficult time making the turn onto an adjacent road, because of the location of Mr. Collins’ fence and gate." Brookhouse said that Collins’ fence at the intersection is directly on the section line, instead of the required 33 feet. State law requires 66 feet for a county highway, to be taken equally from each side of the section line. "The east fence of the north-south section line is 33 feet from the line," Brookhouse said. "The west fence, belonging to Mr. Collins, is right on the line at north end. A mile away, it is the required 33 feet away, so the fence doesn’t run straight." Dave Reynolds, another of the neighbors, said that a truck making delivery of construction materials had knocked down the corner post that was in the picture Sword showed the commission. "I apologize for that and will get it repaired," Reynolds said. "But it illustrates how impossible it is to make that turn, with the fence and gate where they are." Brookhouse said that approximately one-eighth of a mile from the corner, the fence was located seven feet away from the section line. That location, he said, made it impossible to complete the installation of a culvert. Collins is protesting that he would have to replace a mile of fence, at his expense. The commissioners delayed taking action on the petition until its Dec. 16 meeting and agreed to go and personally examine the area, following that day’s meeting. Later in the meeting, the commissioners adopted a resolution to "vigorously enforce all laws to ‘Inhibit’" organizations that practice polygamy. Earlier this year, a group which allegedly engages in the practice of polygamy had attempted to purchase property north of Edgemont. The sale was vacated by a judge and according to witnesses, the group has left the Edgemont area. In other action, the commissioners:
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HotSpringsStar.com Originally published Tuesday, January 6, 2009 |
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