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Who owns the road?

David Cole | Hagadone News Network | UPDATED 14 years, 6 months AGO
by David Cole
| May 11, 2011 9:00 PM

HAYDEN LAKE - The Hayden Lake City Council on Monday is scheduled to vote on a proposed gate across Bozanta Drive which would block public access to the lake.

The Hayden Lake Country Club submitted an application to build a fence, which would include a gate across the road, Mayor Nancy Morris said Tuesday.

She said before the application is voted on, the city must resolve the "dispute" over who owns the road or "20-foot strip" from Gibson Road down to the lake.

She said city attorney Pete Bredeson was asked to submit a legal opinion on ownership.

Bredeson said the possible owners are either the city and public or the country club.

"That decision is pending," Bredeson said. "The status of ownership is up in the air."

Morris said she believes the public has long had access to the lake and shore for recreation and launching boats at Bozanta.

She said she has "mixed emotions" about a gate.

"I need to do a lot of thinking," she said.

According to minutes from a March City Council meeting, "major issues with the right-of-way in the annexation agreement" were found, referring to the city's annexation of Bozanta.

Larry Comer, of Welch Comer Engineers, told the council the city owns Bozanta by "prescriptive easement," the minutes say.

The meeting record also shows that city officials have questions about where Bozanta terminates.

"There may need to be some negotiation with the country club on where Bozanta stops," the minutes say.

Les Hintz, the country club general manager, said Bozanta from Gibson to the lake is 100 percent club property. He said there is no public easement.

The club is treating the property like any other homeowner, seeking to secure the asset by building a fence and gate, he said.

Joe Wuest, road supervisor for the Lakes Highway District, said he believes the road has always provided public access. Bozanta was in the district's jurisdiction prior to the city annexing the property.

Hayden Lake resident William Bentz has started a citizen petition asking that the public have access to the Bozanta Drive boat launch. He said he hoped to have 50 signatures by Monday.

"If we don't get anybody else involved we'll lose" access, Bentz said.

Those interested in signing the petition can write to him at [email protected], he said.

The meeting is at 6 p.m. Monday at City Hall, at 9393 N. Strahorn Road.

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