SAGLE — The vacation of a Sagle road has been approved following a public hearing and resolution approval by the Bonner County commissioners.

The commissioners held a public hearing June 12 to discuss the matter — the vacation of what was simply known as “County Road #105,” located off Lakeshore Drive in Sagle. Bonner County planner Alex Feyen told the board the roughly 3-acre portion of road is 50 feet wide with no structures on or around the proposed vacation area.

“Staff has received feedback from Bonner County Road and Bridge that supports the proposed vacation,” he said. “The Road and Bridge Department has stated this application, that the road, known as County Road #105, has already been partially vacated and will likely never be developed for public use.”

Because the road has never really been used as a road, the department added that this proposed vacation will have no adverse effect on traffic.

Feyen said that according to records, it appears the road was created in 1910 by then-board of county commissioners, but there is no proof that it was ever developed for actual use. The proposed vacation will also not leave any surrounding parcels with a lack of access, he added.

Jack Howard, a member of the Southside Water and Sewer District board of directors, spoke as the applicant.

“The purpose of this road vacation is to further secure the land that produces the water for Southside,” he said. “We have two wells; we’re adding a third.”

After just a few minutes of a brief verbal presentation by Howard, the public comment section of the hearing opened up. However, no one came forward to speak in favor of, against, or neutrally about the road vacation.

Commissioner Asia Williams asked about fair market value and how that had been considered in this discussion.

“Whenever we look at doing a vacation of a right-of-way, I always look at — how is it in the interest of the public?” asked Bonner County Road and Bridge director Jason Topp. 

The director said the commissioners did not have to charge anything for the acquired property, but he added that as something to consider should they find it in the best interest of the public.

Williams said she did find it in the public’s interest, as the right-of-way is a piece of land that holds some sort of value.

“I don’t mind the vacating of the road, but I do think the value of that road should be returned to the public,” she said.

However, Commissioner Luke Omodt did not agree with Williams, saying there were other values to vacating the road.

“There is also additional value in providing safety and ensuring water quality, which I think is in the public interest,” he said.

A member of the audience who was permitted to comment at this time told commissioners that he had discovered that according to state law, any right-of-way that was created in Idaho prior to the early 1950s was actually considered an easement, not a road. Because of this, Williams said that eliminated questions over fair market value because the county cannot charge for an easement.

All three commissioners agreed that they were amenable to the vacation and unanimously voted to approve it. However, Bonner County Planning Director Jake Gabell said that due to changes in the county’s processes, a resolution on the matter would have to be brought before the board at a later date.

The resolution was brought before the commissioners Tuesday for approval.

“After these road vacations are approved by the board [at the public hearing], rather than approving the resolution, they are then recrafted and additional findings are added to the resolutions after the hearing …” Gabbell said.

This resolution officially conveys the ownership of the land to the new owners. All the additions were reviewed and approved by legal counsel, he added.

The resolution was also approved unanimously Tuesday and the road is set to be vacated shortly.