Tresspass/obstruction on county road

[srjones]

Questions:
Is it illegal to place a locked gate across a county road?
If you have power of attorney over a parcel of land at the end of a county road that another land owner has placed a locked gate across, can you be charged with trespassing?
Is it legal to open an illegal locked gate constructed across a county road to access property over which you have legal power of attorney?
Who determines where a county road ends?
What steps can be taken to ensure that the gate is removed legally?

In 1950 a county road was built to a school house back in the hills. This is in Oklahoma. It was maintained until 1989. By 1989 the school had long-since ceased to function and county commissioners exercised their right of jurisdiction (on designation, construction, maintenance and repair of county roads which best serve the most people of the county) and they stopped maintaining a portion of the road.

At (or near) the physical point where they stopped maintaining it, a land owner place a gate across the road to keep in his cattle, but area residents maintained at-will access. A short time later, that land owner placed a lock on the gate, area residents signed attestations of at-will access for a period of more than (or at least) fifteen years. The land owner removed the lock and area residents maintained at-will access.

Several other land owners have come and gone in the same place and tried the similar tactics, with one pointing a gun at a worker of a person who owned inherited property within the area of the new owner's land.

As of 10/29/08, the county commissioners still receive funding on the mileage of that unmaintained portion of road (it amounts to less than a mile but has been kept on the maps and on the records), which is in accordance with the law.

Recently, a big money company bought the large property adjacent to the county road and is harassing a person (who owns two small pieces of land inside their property area) and that small property owner's employees in an effort to force a sale. They have placed cattle guards and locked gates across the county road. They have at times called the small property owner at home to give the access code to the gate, but not every time. The small property owner has asked that they also call the man "acting" as foreman (he has a joint power of attorney with a son) who acts in the behalf of the small property owner on all physical ranching and agricultural matters. The request was made because the small property owner is often not at home when they call to give the codes, and they change the codes randomly. They have refused to contact the acting foreman. They have also told the small property owner that "to get rid of him (the acting foreman) and there wouldn't be any problems". But they keep harassing her about buying her property although she has stated frequently and emphatically that she does not wish to sell.

The gate has closed on the big company's personnel and was damaged at that time.

After repeatedly requesting the codes be given to the small property owner's foreman, the small property owner's foreman repeatedly requesting admission through the locked gate and being refused, the foreman at four different times had to resort to the following:
(1) pulled the gate open with a pickup and chain,
(2) cut the chain with bolt cutters/torch
(3) pushed gate open with a tractor
The foreman has received a summons with a suit against him for trespassing and the company suing is requesting damages for the gate in excess of $10,000.00 and all court and attorney fees, etc.

The county should have that all measured to the inch.

File a complaint with your county commissioner and ask them to resolve. Or if need be get the sheriff out there as well.

If you don't agree with the county records you can go to court as well.