Broadwater County commissioners voted to approve a petition to abandon portions of Pony Street, Hill Street, several alleyways and portions of High Street in the townsite of Toston, Montana.
Angie Paulsen, Broadwater County Clerk and Recorder (serving in the surveyor role for the hearing), presented an evaluation based on an on-site inspection she and Commissioner Jesse Swenson conducted. The report said garages, fencing, wells and personal storage have been established on or across the public rights-of-way in multiple locations and that a majority of High Street is undeveloped and impassable where Big Springs Ditch crosses it. Paulsen recommended abandonment of the listed segments and noted that power lines run within the High Street right-of-way; she said a utility easement would need to be reserved if the abandonment is granted.
Several adjacent landowners attended and raised questions about maps, titles and the location of power-line easements. Barb DeMartin asked for copies of the map; petitioner Aaron Christiansen explained where existing Vigilante power-line easements are located and said an access easement would be retained or newly created so the utility can reach its lines. County staff said if an easement already exists it should remain recorded, and if not the petitioner or utility would need to create one following abandonment.
The county attorney said staff will consult other county attorneys and ensure quitclaim deeds and any county-recorded relinquishments of interest are done to avoid future title confusion. After public comment, a motion to approve the petition was moved and seconded; commissioners approved the petition by voice vote.
The county will record the decision and work with utilities and the petitioner to ensure recorded easements cover existing lines and access. Details about the recorded quitclaim deeds and any required new easements were discussed but not finalized at the meeting.