Plan Commission forwards easement-vacation request to county commissioners with no recommendation

The Marshall County Plan Commission on Feb. 26 voted to forward an application to vacate a 45-foot lake-access easement in the Rolling Meadows Subdivision to the county commissioners with no recommendation.

Staff presented the request (case 25-PC-16), saying aerial imagery shows the easement's end intrudes into Mill Pond and has become heavily overgrown between 2018 and 2025, making literal lake access effectively unusable. Staff concluded adjacent property owners now maintain the strip and recommended a favorable recommendation to the county commissioners, while noting the county's legal authority to vacate the easement may be limited.

The applicants, who identified themselves as Patrick Lettens and Roger Denny, told the commission they and neighboring owners have maintained the easement for years and that the petition is intended to clarify ownership and maintenance rather than to close access. "Anybody is more than welcome to go waist deep through the mud into the lake," Patrick Lettens said, describing current physical access.

Commissioners pressed staff and the applicants on two points: whether the county holds title to the easement and whether the Indiana Department of Natural Resources (DNR) had issued any written guidance. Staff cited the Rolling Meadows first-edition plat recorded in 1974 (page 4479, Marshall County Recorder's Office) but said deed language and parcel recordings were unclear, and told the commission the county attorney had advised the county may lack authority to vacate a strip it does not own.

A commissioner urged the applicants to secure a written statement from the DNR because different DNR divisions can take different positions; applicants said they had spoken by phone with a DNR representative but had not obtained written confirmation and agreed to seek one.

After discussion, Chair moved that the Plan Commission provide no recommendation on the application and forward the file to the county commissioners; the motion was seconded and approved by roll call. The commission noted that the county commissioners will hold a public hearing and make the final decision.

Next steps for the applicants include pursuing written DNR documentation and title research (staff and a commissioner recommended contacting original subdivision developers or obtaining a warranty deed) before the matter is considered at the county commission meeting.