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County seeks to ‘abandon’ roads

By Denise Holley
Published Tuesday, August 18, 2009 10:02 AM MDT

The back roads of Rio Rico took center stage at the Aug. 12 meeting of the Santa Cruz County Board of Supervisors.


Public Works staff asked the supervisors if they could begin the legal process to “abandon” 25.6 miles of dirt roads in Rio Rico Ranchettes 9, 17 and 18.

The county has never maintained those roads and receives no funds from the Arizona Department of Transportation (ADOT) to take care of them, said Public Works Director Scott Altherr.

“We believe that having those roads in our inventory and not maintaining them exposes us to risk,” he said.

Thomas O’Sullivan, chief civil deputy in the county attorney’s office, agreed.

“Right now, we’re responsible if someone drives off a cliff,” he said. “If we abandon the road, it becomes a private road.”

“How many lawsuits have been filed on those roads?” asked Supervisor John Maynard.

No claims in the past two years, O’Sullivan answered.

Altherr led a study session on June 24 to explore the possible abandonment. A couple of residents spoke and someone asked him to find out if other counties had a “dirt-road standard.”

No county did, Altherr said on Aug. 12. He asked supervisors for a vote of support to begin the abandonment process.

This week, Realtors and residents came out in force to denounce the proposal.

“There are real people who own property on the roads you are considering abandoning,” Rio Rico resident Jan Collins told the supervisors. “They pay real property taxes. After the county abandons these roads, their property value will be zero. Are you going to give back their taxes?”

Since the county issues building permits, will it require a permit to build on property that’s worthless? Collins asked.

The county has about $680,000 in its fund to maintain 712 miles of roadway, said Supervisor Manuel Ruiz. “It’s a drop in the bucket.”

The county has never maintained any of the roads on the abandonment list, Altherr said. “Our intention was not to put on the list any roads where people are living.”

Realtor James Ross spoke for people who brought lots in the 1960s and early 1970s. In an agreement with Avatar (the parent company of Rio Rico Properties), the county was to maintain those roads, he said.

“I have never heard of any (law) suits (on the roads) since I’ve been here,” said Ross, a 28-year resident.

Realtor Lori Adamson often shows property to prospective buyers on roads in horrible condition, she said. “I can tell them once someone moves onto the road, the county will maintain it.”

As he looked over a map of the roads in question, Maynard said, “I’m concerned that this could leave 100 to 200 lots (on just one road) without public access.”

So is the Tubac Fire District, which serves about two-thirds of Rio Rico, said Denny Scanlan, a fire district board member.

If those roads become private, owners could put up a gate, Scanlan said. “We honestly don’t have the time to break out the torches and cutting tools (to respond to an emergency).”

“You have to have public safety access,” said Rio Rico resident Kathi Campana. “Our subdivision laws require two points of access.”

She wondered if abandonment would violate Proposition 207, the Private Property Rights Protection Act passed by Arizona voters in 2006.

“Anything a county does to affect property values could be considered a taking,” Campana said.

She handed letters of opposition from the Rio Rico Chamber of Commerce, Residents of Rio Rico, the Santa Cruz Board of Realtors and the Baca Float Coalition to the supervisors.

Scanlan asked why the county would spend thousands of dollars to survey the land, contact every owner and pay legal expenses to complete the abandonment process.

“To me, you’re spending more money trying to get rid of the roads than you ever spent on maintaining them,” Scanlan said. He asked “Why waste money on a project that doesn’t make any difference?”

Rio Rico resident Christine Tudan bristled at Altherr’s idea for residents to form an improvement district to bring the roads up to county standards. It would cost $910,000 to form the district, she said.

In rural areas, some residents may not even know the neighboring property owners, Adamson said

Tudan said Public Works began work on the abandonment idea after she and her husband, Robert Byerly, asked for 100 feet of road grading in Rio Rico Ranchette No. 9.

The property owners pay taxes and county supervisors accepted some of those roads into its system years ago, Tudan said.

“We don’t have the money to keep people on board, but we’re spending thousands of dollars to abandon these roads,” said County Treasurer Caesar Ramirez.

Out-of-area investors spent a million dollars on properties at the county’s delinquent tax sale this year. If the county gives up those roads in Rio Rico, the investors may not come back, he said.

“They can’t afford to come down,” said Realtor Lois Cooper. “If you make their property value zero, they’re going to stop paying taxes.”

If the county called a town hall meeting, perhaps Rio Rico residents would support a bond issue to improve the roads, Cooper said.

Ruiz suggested a field trip to the roads so “we could make a better decision,” he said. All three supervisors voted to table any action until Sept. 30.

Before then, Maynard hoped to call a meeting of residents in Rio Rico, he said after the supervisors’ meeting.
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Copyright © 2010 Nogales International

Comments

    bear in the woods wrote on Aug 26, 2009 8:42 AM:

    " dirt roads are barely maintianed as it is excuse me NON paved roads.. "

    RIO RICAN wrote on Aug 24, 2009 3:58 PM:

    " There should be a proper safety review done prior to issuance of any building permits. If the roads are impassable for safety then permits should be denied. That will protect the public from liabilities in the future. "

    Alfonso M Bachelier wrote on Aug 22, 2009 10:11 AM:

    " Take care of city concerns corruption,drugs, trash, animal control,continue to improve recreation facilities for teenagers, take special care for elderly and those with special needs especially children, beautify the city, back roads are for bears in the woods. "

    George Wilgers wrote on Aug 21, 2009 11:09 PM:

    " take a look at azdot.gov/Inside_ADOT/fms/hurflink.asp if you want to see where the money for roads in Arizona comes from. "

    NE Rio Rico Resident wrote on Aug 21, 2009 9:53 PM:

    " George, George, George...

    Calm down. Who said I live "out there?" In any case, I did not intend to raise your ire. "

    Also NE Rio Rico Resident wrote on Aug 21, 2009 10:06 AM:

    " Realtors and Developers are the only ones complaining. Why should my tax dollars go toward these roads that aren't even passable? When I bought, I made sure that I was on a paved road.

    Who in the world believes realtors anyway? You have to do your due-dilligence - these realtors are mostly scam artists.

    If Mr. Wilgers comment is right then maybe these folks should start ponying up for their respective share of the maintenance. "

    Mario MArtinez wrote on Aug 20, 2009 6:53 PM:

    " HA HA HA! bright idea Mr. Supervisors. The county needs to make sure not to charge any taxes. PEOPLE WE NEED TO MAKE SURE THEY ARE NOT IN POWER FOR THEIR NEXT TERM, WE NEED PEOPLE WHO REALLY CARE AND NOT THE ONES WHO JUST WAIT FOR A CHECK EVERY TEN DAYS!! IS THERE ANY WAY WE CAN FIRED THEM? "

    George Wilgers wrote on Aug 20, 2009 1:27 PM:

    " NE Rio Rico Resident -

    Who FORCED you to live out there?

    You HAD A CHOICE, and YOU CHOSE to live out there.

    Have you even SEEN the list of roads they want to abandon? I have, some of the roads you cannot even tell there is supposed to be a road there. The roads the want to abandon, for the most part, do not physically exist.

    Why should the County be responsible for creating a road that Gulf American Corporation (now known as Avatar) never properly constructed in the first place? Why should the County have to pay hundreds of thousands of dollars to construct a road that does not really exist except on paper because some on decides to build in the boonies? Wouldn't we be better off if the County spent what little money it recieves from the State of Arizona for roads on maintaining the roads that do exist? "

    George Wilgers wrote on Aug 19, 2009 1:08 PM:

    " Even IF Vatere and Rio Rico Properties were to pay the 6 plus million in back taxes they owe, the roads cannot be maintained. Not one single cent from anyone's property taxes goes to the roads. The roads are only funded via the Highway User Revenue Funds provided by the State of Arizona. "

    NE Rio Rico Resident wrote on Aug 19, 2009 12:58 AM:

    " Yet another example of the Public Works Department failing to achieve the low standards it sets for itself.

    By recommending the abandonment of roads in Northeast Rio Rico, Public Works appears more interested in shifting risk and liability to property owners than in reducing the risk. If the county might be liable for an accident on an unimproved road, who would be liable in the event the road were abandoned? The liability would belong to property owners or the “association” suggested by Public Works.

    Despite its enormous growth potential, Northeast Rio Rico is the least well-served area of Santa Cruz County in terms of road maintenance, traffic enforcement, access to US 19, and other improvements. As an example, according to the Public Works Director, Santa Cruz County has some 300 miles of unpaved roads, 200 miles of which are in Northeast Rio Rico. By abandoning public roads, the county will destroy that potential. Either the county staff doesn’t recognize this or doesn’t care.

    No doubt maintaining roads to adequate safety standards is a difficult task. However, isn’t that why taxpayers pay the Public Works Director almost $100,000 per year? "

    close it wrote on Aug 18, 2009 1:08 PM:

    " Maybe if Vatere started paying taxes, some of the roads could be maintained. "

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