State, family in confrontation over driveway

At mile marker 62 on Highway 30, the Kielian’s family have lived for the past 42 years in relative quiet. Improving their driveway one day, however, brought them into conflict with the state of Nebraska.

Without a permit, Tom Kielian strengthened the edges of the driveway, hoping to prevent erosion during rainstorms. He also added to the grade, allowing the family to swing a tractor or large truck onto the highway without crossing over into the far lane. The state responded by issuing a 30 day notice, ordering Kielian to conform to state easement and right of way regulations.

“When my son Thomas put this in a couple of weeks ago he didn’t construct the right a way he just widened it a little,” Rosalie Kielian reported. “It makes it safer for people. It’s a safety issues with us when we come up with a long trailer.”

On Wednesday the family gathered to confront the state about these issues. Emotions quickly heated between Tom Kielian and Chris Ford, Operations and Maintenance Manager for Department 5, when the right of way issue changed to the issue of land ownership.

“What we have here is an existing driveway,” Ford said. “If you want to alter this you have to get a permit. You apply for the permit you do the work to our standards.”

Ford insisted the work did not comply with state standards. Materials used might soften, creating a safety hazard.

“Tell us on the permit what you want tell us what radius you want and we either approve it or disapprove it, based on the standards along the rest of the highway,” he continued.

Kielian, along with several neighbors who came to support him in the cause, pointed out that right of way along the particular stretch of Highway 30 was inconsistent.

“It’s how they bought the land at that time,” he told the state. “If you look at the right of way markers they jump in and out all the time. Short of having our surveyor coming down it’s hard to say where it’s located.”

Ford and Doug Hoevet, District Construction Engineer, were concerned specifically with construction through the right of way, without the necessary permit from the state.

“I think what we’re here to do is address a permit concern not necessarily a road way concern,” Hoevet confirmed.

The roads department, however, found it difficult to determine precise property boundaries.

“They told me they thought it was that corner post and I have a flag here and a painted stripe here and they’re both in a different place,” Kielian said.

Upon reviewing the situation, Hoevet and Ford reached an understanding with the family. Kielian would file for a permit and ensure that his work conformed to state standards where necessary.

“I was under the impression I would have to pull all this up,” Kielian said with some relief. “I think this can be resolved.”