MOUNT VERNON — The Knox County Board of Commissioners met with Tom Marshall of Mount Liberty on Thursday morning to discuss the issue of the Marshall family’s access conflicting with the Heart of Ohio Trail, which is under construction. Also present at the meeting were Kim Marshall, director of the Knox County Park Department, and Teresa Bemiller and John Booth, who will both run for the position of commissioner in November.
Reading from a prepared statement, Tom said “it is necessary for us to be able to maintain access across the trail.” Citing a building permit that had been approved by the county about eight years ago, Tom said that the permit “depicts a portion of my driveway overlaying the new county path.”
“I don’t think there was any ... wrongdoing or even incompetence on anybody’s part,” said Tom, “to the best of all of our knowledge, nobody knew there would be a bike path.” He presented his situation as a “unique” one in the county in relation to the Heart of Ohio Trail and owning property on both sides of the planned trail.
Access between Tom’s house and barn currently uses a portion of the old rail line, the line that will be the Heart of Ohio Trail in the future. “I talked to you all ... several months ago on a conference call and ... I understand it’s your desire that we don’t use this arrangement that’s depicted here on our building permit,” said Tom. The only other way to gain access between the two areas of Tom’s property is by fording a creek in order to cross the trail perpendicularly, which the commissioners approve of.
Tom said that driving through the creek is not safe, and presented the commissioners with two alternatives. He cautioned that these alternatives were not official engineering documents. The first of the two was a free span bridge, at an estimated cost of $46,256. The second alternative presented by Tom was to lay two concrete box culverts at the crossing; he estimated the cost of this to be slightly less than $34,000. “I don’t want to be a problem to you at all,” said Tom, “but at the same time, we would just respectfully ask that you try to accommodate our situation.”
“Do you want us to pay for it?” asked Commissioner Tom McLarnan, referring to the plans that Tom Marshall presented. “Yes,” answered Marshall, “I think it’s a reasonable and fair part of this project,” saying that he and his family would be affected. “We’re not looking for a handout, we’re just looking to get back and forth,” said Marshall. “Could we pay half?” asked McLarnan. Marshall related that it was still a high cost for him to absorb, but that he was willing to assist the county in any way he could. “We want to make this work,” said Marshall, “I think that our operation is an enhancement to the county.”
Commissioner Allen Stockberger explained that the commissioners have never made this sort of exception for anyone else in regard to the trail. Stockberger continued, saying that there was a pre-existing perpendicular crossing for the trail and that the commissioners had suggested that he use this crossing instead. “It’s the actual use of the trail that is unacceptable,” said Stockberger. “If it wasn’t the county that owned this property, you could claim adverse possession and continue to use it or take it. That doesn’t work against state and local governments,” said Stockberger, citing the legal council of the county prosecutor’s office.
Stockberger said that he farmed land that was accessed by fording a small stream, and asked Tom if the county taxpayers built one for him, would they also build one in order for Stockberger to more easily access his field. “Where would we stop?” asked Stockberger. “I think that we have somewhat of a unique situation,” replied Marshall, citing prior county approval for his proposed access route.
“I may appear to be adversarial here,” said Stockberger, “and that is certainly not my intent, but I have a responsibility to the taxpayers of this county to be fair, and I think what you’re asking would be unfair expenditure of tax dollars.”
After several minutes of discussion and perusing of copies of deeds and maps, Stockberger said “I’m going to be straightforward here: your options are to fix the ford and to use it.” Stockberger reiterated that it was not fair to build a bridge for the convenience of one family. Marshall replied that he knew of several accommodations with other property owners along the trail in terms of access, and cited a situation near him where livestock was permitted to cross the trail.
Toward the end of the meeting, Marshall said “we’ll do whatever you want us to do, and do it willingly ... [and] we’d like to continue our operation.” It was agreed that that county would assist in improving the crossing with fill to make it more easily accessible. However, these improvements would only be made on property that the county owned.