Property owners ask Codington Co. to help provide access to their land near Horseshoe Lake

Two men seeking consistent access to property they own sought help from the Codington County Board of Commissioners Tuesday morning.

Douglas Wishard and Barrett Wittnebel both own property near Horseshoe Lake in the northwest section of the county.

Wishard lives on 167th Street and Wittnebel has purchased property nearby with an intent to build on it. The road, however, has been designated by Richland Township officials as minimum maintenance, meaning the township is not obligated to keep it open. Wishard said he has to use a boat to cross the body of water blocking access to his home, and Wittnebel would have to do the same.

Andrew Delgado, Codington County Emergency Management director, said the road was first flooded in 2019 and is under at least 2 to 3 feet of water year-round.

“There have been several attempts to resolve the issue, but it hasn’t happened yet,” Delgado said.

Wishard said he has reached a verbal agreement to exchange five acres of his land for alternative access, but the deal has never been finalized.

Some drivers have gone through another person’s property to get past the flooded area, angering the neighboring property owner, Wishard said. He said he’s been told he’ll be charged with trespassing if he even walks on the neighbor’s property.

Watertown attorney Mitchell Koehn spoke on behalf of Wishard and Wittnebel, asking commissioners if the road can be removed from minimum maintenance designation. That would require the township to initiate repairs. Koehn also said the current situation is devaluing both men’s property.

“It’s a complicated, emotionally infused issue,” said Koehn, who added that the flooded road prevents access by hunters and anglers.

County officials said the situation can’t be resolved at the county level since the road is under the township control. Travis Paulson, director for the South Dakota Board of Towns and Townships District 5, said at the county meeting that a change in road designation can only happen once a year, and that would have been in March. District 5 includes Codington and Clark counties.

The commissioners agreed to have county State's Attorney Becky Morlock Reeves examine all the legal issues involved.

Sheriff's monthly report

Earlier in the meeting, Sheriff Brad Howell provided his report for March, which saw 599 cases and calls, including 11 responses to accidents, 73 warrants being served and the serving of 256 civil papers.

Howell said 100 individuals are avoiding incarceration in the county jail through daily monitoring. The jail’s high population in March was 75 inmates and the low was 57, with a daily average of 64.71. That was slightly less than February’s 68.54, but higher than March 2021’s 53.61.

In other action Tuesday, the commission unanimously:

  • Raised the cost of civil fingerprinting services from $10 to $20 per individual.

  • Agreed to house Walworth County inmates in the jail at a charge of $95 per day per inmate.

  • Allowed the Lutheran Church of Our Redeemer of Watertown to conduct Sunday worship services at Memorial Park, which is owned by the county.

  • Reinstated a Nationwide Insurance retirement plan for county employees. The action is required by the Internal Revenue Service.

  • Approved a memorandum of understanding for the Rides to Wellness grant between the county and Community Transit of Watertown-Sisseton.

This article originally appeared on Watertown Public Opinion: With road flooded, two residents ask county to help with land access