Newburg Supervisors Vote for New Surveyor in Controversial Right-of-Way Decision

Disagreements among Jasper County supervisors have led to a contentious decision regarding a right-of-way vacation in Newburg, an unincorporated town. On November 18, 2023, during a board meeting, the majority opted to hire an external surveyor, Craig Johnstone from Grinnell, instead of relying on the guidance of the county’s previously contracted surveyor, Jason Lowry. This decision came despite objections from Supervisor Brandon Talsma, who was outvoted by fellow supervisors Doug Cupples and Thad Nearmyer.

The decision to engage Johnstone, who will conduct the right-of-way vacation and transfer survey for a nominal fee of just $1, involves splitting a portion of Jasper County right-of-way into four parcels. Johnstone indicated that he would handle the field survey, prepare a plat, and facilitate the distribution of parcels to adjacent landowners.

Talsma expressed his concerns in a follow-up interview, stating he voted against the decision because he believed it was not the proper approach to handle the right-of-way vacation. He emphasized his support for Lowry’s opinion, arguing that following Johnstone’s guidance could lead to legal complications, including potential violations of Iowa fence law and adverse possession laws. Talsma remarked, “I do not think this is the right thing to do, nor do I think this is the right way to go about it.”

Lowry had previously raised alarms during an October work session, noting that many in the surveying profession were concerned about the implications of the proposed vacation. He pointed out that the right-of-way in question includes a long-standing alley and a 50-year-old fence line maintained by local residents. “The county is in a tricky situation,” Lowry stated, adding that if the right-of-way were to be vacated, it should rightfully belong to the City of Newburg or its residents, not merely the adjoining landowners.

County Engineer Michael Frietsch also cautioned the board, warning them that their decision might encourage claims from adjoining property owners in other unincorporated areas. He characterized the proposed action as placing the county in a “very dangerous” legal position. In contrast, Cupples dismissed Frietsch’s warnings as an “unfair example,” vowing not to change his stance. Nearmyer indicated he would await the county attorney’s advice on the legality of the decision but aligned himself with Cupples.

As the meeting concluded, residents from Newburg presented a petition opposing Johnstone’s survey, echoing Talsma’s calls for the board to uphold Lowry’s original survey. Talsma expressed his belief that the board is “being manipulated” and is receiving “bad advice.”

Background information provided by Newton News detailed that Johnstone had previously argued the right-of-way vacation proposal overlooked a property owner to the east, who he believed was entitled to a share of the land. The proposed vacation encompasses two indistinct areas: a north-south alleyway and an old extension of Newcomer Avenue, both of which have historically belonged to Newburg before the area became unincorporated.

Despite the physical ambiguity of the alleys, legal records indicate their existence. The county’s proposal aimed to vacate the right-of-way, redistributing land to adjoining landowners. Talsma contended that past decisions should guide current actions, cautioning against potential bad precedent. In response, Cupples argued that the county would not be setting any new precedents, as the property would still be divided among adjacent landowners.

This ongoing conflict highlights the complexities surrounding land management and property rights within Jasper County, as local officials navigate the intricacies of legal and community interests in Newburg.