Road Block

A road on Malad Summit that connects the two main roads has been blocked with large boulders by court order. Year round summit residents feel this is hazardous and want the road cleared.
 Myron Jones, past owner of the blocked off property, attempted to get a petition to get the rocks removed and for the county to take over so the public can have access to that road.
“I wanted to do an eminent domain but they’re afraid of getting into a law suit so I had to stop,” Jones said.
Eminent domain happens when the county takes over a private road for public use.
Before the property was sold, the road was a legal public right-of-way through that area. In the ‘60s and ‘70s the, Cattleman’s Association used that road to run cattle. When Jones sold the property to the Mitchell family, the public right-of-way went unnoticed. Mitchell did know that road was frequently used but chose to ignore it.
There was a law suit between Mitchell and Jones. Mitchell wanted control of that road because his property line extends beyond the road. There were gates placed at the upper and lower parts of the property, blocking the road from public use. The court ordered the upper gate to be opened and large rocks to be placed on the road of the lower part.
“It cost nearly $10,000 for the Mitchell’s to get the road shut and they are only here part time,” said Don Allen, a permanent resident.
According to residents, this road has been a legal right-of-way since before the ‘70s and legally the judge should have never ordered it blocked.
“It’s sad because that road’s been accessed since I was a kid,” said Craig Sorensen, another permanent resident. “I remember that road when I was a child 50 years ago. It was always open for the public. There’s no reason that should have been declared closed to the public.”
Residents would like the road opened for safety reasons such as fire, crime and emergency response.
“If there were any dangers in this place that block off the one road we have, then we’ve got no way out,” Sorensen said.
“If something happens and someone needs to get out, it isn’t a matter of tearing a gate down, it’s huge boulders that we can’t go over,” Allen said.
A few years ago the fire and police department responded to a 911 call on the summit. They were told to take the route through the blocked off road. The emergency responders were not aware of the blocking and had to find an alternative route. This took them an extra 30 minutes to get to the disaster.
“They responded thinking this road was open and they had to turn around to get to the disaster,” Sorensen said. “If there was a life in danger, they would have been dead.”
 According to Bill Denkers, secretary of the Malad Summit East Home Owners Association, the road should also be used for various community purposes such as Boy Scout hikes and cattle movement.
“As far as we know, those that are not supportive are individuals that are part time residents,” said Denkers. “Their excuse for putting in the rocks is so that four-wheelers cannot go up there and yet they drive them through there all the time.” 
“I think it’s a neighbor thing and we should all get together, get an attorney and try to overturn the judge’s decision,” Jones said. “We’re just trying to get the road opened so everyone can use it.”