By Following a contentious discussion Tuesday, Jan. 21, Brown County commissioners denied an Aberdeen businessman’s request to vacate a plat for property he owns.
The commission voted 4-1 to deny Stacy Gossman’s request to vacate. The land consists of three lots and a road with right of way that leads from Eighth Avenue Northeast to an approach near the Twin City Fan parking lot. That’s south of Eighth Avenue on the east side of town.
Commissioner Mike Gage was the only person to vote against the motion to deny the vacation during the meeting at the Brown County Courthouse Annex.
MORE: Koens appointed Brown County coroner after Lunzman resigns
Gossman said he believes the right of way should be vacated so the 948-foot long gravel roadway could revert back to him as private property. He said he wants the three lots as one parcel of land like they were when he bought the property two years ago.
Stacy Gossman speaks to Brown County commissioners during their meeting on Tuesday, Jan. 21 at the courthouse annex about property he owns south of Eighth Avenue Northeast on the east side of town. Aberdeen Insider photo by Shannon Marvel.
“I want it to go back to the way it was because I’m not going to lose an acre and a half (of) my property and lose my investment at the same time. Not doing it,” Gossman told commissioners.
He previously had the land platted into three plots. With that, a public road with right of way was needed, which also lined up with Gossman’s plans to develop the lots.
Right of way is the right to pass over property owned by somebody else and is often based on an easement.
Gossman said he had plans to develop each of the three lots and once had a deal worked out with city officials for water and sewer infrastructure for them.
However, Gossman accused the city of denying him access to sewer and water hookups, which hindered his development plans.
“We wouldn’t have an issue right now if they wouldn’t have backed out of what they said they were going to do and took away my water and sewer,” Gossman said.
MORE: Resolution would dedicate 56 miles of U.S. Highway 12 in honor of Helen Miller
Without those utilities, Gossman said, he’s out a $1.1 million building. And without that development, he wants the plat vacated, thereby removing the right of way allowing others to cross the land without permission.
Commissioners have been considering the vacation request since December. They had concerns about whether it was diligent and fair to revert the roadway, named Ole Crow Lane, back to Gossman’s private property as Twin City Fan uses it for deliveries.
The Aberdeen Development Corp. also has plans to develop land surrounding Grossman’s property for commercial use and needs the right of way to do that.
Bobzien proposes plat vacation that would keep right of way in place
Aberdeen City Manager Robin Bobzien, who was at the county meeting, suggested Gossman and the county commissioners consider a plan that would allow the three plats to be vacated, but keep the disputed right of way in place.
“So you would have no lot lines with the exception of the right of way. That would be the process we would suggest,” Bobzien said.
It would be a county right of way, not a city right of way, he noted.
“But the bottom line is that the city did invest in that (property near Gossman’s based on it having a right of way), and we believe there’s a process to allow the vacation to take place without taking the right of way out of that. We don’t have a compelling reason to say you need to do this, but there is a process to allow it to happen,” Bobzien told commissioners.
Gossman said he refuses to sign any legal documents that would keep the right of way in place were he to sell his property. He made it clear he wants the roadway to again be his private property, giving him control over who uses it.
‘Gentlemen’s agreement’ would allow nearby business to continue to use the road, Gossman says
He said a “gentlemen’s agreement” would suffice when it comes to allowing Twin City Fan employees and delivery trucks to continue to use Ole Crow Lane as they have been for a couple years now.
“I’ll let people cross it just like it was before. I never had no trespassing signs or nothing like that on there. I was the one that maintained it and everything. I’ve never kicked anybody off there,” Gossman said.
Dennert
Commissioner Drew Dennert questioned how Gossman’s gentlemen’s agreement would work with the long-term plans of other businesses.
MORE: Aberdeen man admits to aggravated assault of 4-month-old
Wiese
“If you want to stay here and say that others can use the road, that’s great. And I’m not questioning what you’re saying, but if I was that business, I would want assurance. If the property sold in a year from now to someone else and they say, ‘No, it’s my road, it’s my property, no trespassing,’ then we’ve got a problem,” Dennert said.
Commissioner Mike Wiese sympathized with Gossman, but said the road has been dedicated for public use and will remain that way.
“But the point is, regardless of all the rest of this, there’s a platted piece of property that’s been dedicated for public use and there’s a legitimate public use for that … and it should stay that way, period,” Wiese said.
He made the motion to deny Gossman’s request to vacate the plats.
Commissioners learn about legislation that would affect veterans
Brown County Veterans Services Officer Aaron Walberg told commissioners of two pieces of legislation that would affect veterans service offices in South Dakota counties and another that would cut state funds used to help families pay for a veteran’s headstone.
The state currently reimburses families of veterans up to $200 for the expense of a headstone or memorial. They have to file a claim with the state Department of Veterans Affairs to tap the money.
“So when a veteran passes away and they get buried in a private cemetery, the government provides a headstone to that veteran for their family. The state helps offset the cost of putting that marker in. And we got that raised to $200 a couple years back in 2023 when it took effect,” Walberg said.
But House Bill 1038 would repeal provisions regarding state payment for burial of veterans, he said.
In fiscal year 2024, the state only spent $46,700 for the memorials, so the savings isn’t huge, he said.
“I can tell you that $200 does not seem like a lot, but when you have families that are struggling and you see the cost of putting a headstone in, it makes a huge difference,” he said.
MORE: Hundreds gather in Aberdeen as PUC hears feedback about Summit pipeline plan
There’s also a bill expected to drop soon that would give counties the option of employing a veterans service officer by changing wording in state law from they “must” to they “may,” Walberg said.
“That would be very concerning if that got pushed through,” he said.
The other bill Walberg mentioned would repeal state money used to reimburse a portion of a veterans service officer’s salary. Now, the state reimburses counties about $4,800 per year if the county funds a veteran service officer’s salary at $19,250 or more, he said.
Brown County coroner gets OK to purchase new van
Newly appointed coroner Brian Koens asked commissioners for permission to buy a new van for the office because the current one is in tough shape. His request was approved unanimously.
“I just want something that looks more professional for the decedent and family,” Koens said.
He said the current van is a 2005 model with 120,000 miles and has reliability issues.