Adverse possession begins

by Cat Urbigkit

For only about the fourth time in Sublette County's history, Sublette County Commissioners decided Tuesday to initiate adverse possession proceedings against a private property owner.

Citing the "public interest" in establishment of the LaBarge Creek Road as a county road, the commission adopted a resolution kicking off the process of taking the roadway through Bill Busbice Jr.'s property.

"My advice is to send this letter and initiate proceedings to take it by adverse possession," County Surveyor Paul Scherbel told commissioners Tuesday.

The resolution noted that Lincoln County has maintained the road at Sublette County's behest for more than 20 years. Commissioner John Linn asked about the difference between condemnation and adverse possession, to which Scherbel explained that if the property didn't already have a road across it, condemnation could have been appropriate, but the county would have to prove a public need for the road.

"In my 50 years, we've never done a condemnation" Scherbel said, although the county has done a few road easements via adverse possession.

Commission Chair Betty Fear pointed out, "Trying to do it and succeeding at it can be two different things."