When a road is not just a road
Ted Ratcliff's land borders the Burnett's Creek Arch along Towpath Road near Lockport While discussing the proposed restoration of Burnetts' Creek Arch at the Aug. 18 county commissioners meeting, Carroll County Highway Department Superintendent Ron Francis reported a landowner of adjoining property would not allow county employees or surveyors access to his land to work on the Arch. He made reference to a long-ago court case involving the man's son being terminated from county employment but he did not identify the landowner.
Ted Ratcliff is the landowner and he wants the county to know where he stands on the issue and why. He further wants his views known about what he considers to be the needless expense of the rehabilitation of the bridge.
"Burnett's Creek Arch has been surveyed at least three, maybe four times," he said. "Are we doing what we ought to be doing up there or are we spinning our wheels?"
Ratcliff said part of his feelings about allowing surveyors on his property has to do with his resentment that his son was accused of crimes against the county several years ago. He said his son was terminated from the county, stood trial but was acquitted for the charges. Additionally, when his son applied for unemployment, the county fought the action and lost.
Stairs from the road, put in by the county, lead down to the Burnett's Creek Arch Ratcliff said he was also targeted unjustly when his son was terminated. A road Ratcliff said had been maintained by the county for many years, was removed from county road maintenance. He said he was not aware of the action and that left him in the middle of a land sale in which the purchaser's land was then unable to be accessed by a public road. Ratcliff said the county has not been fair with him and he will not acquiesce to the highway department or anyone connected with the county.
"Why should I do anything for them?" Ratcliff said. "All the county has done is put up obstacles for me."
"What goes around comes around," he added. "I've waited a long time for this day."
The 67-year-old life-long Carroll County resident maintains the county has no rightof way off the road. He said he has attempted to learn where the county right-ofway is located, and after visiting several county offices found no evidence there is a right-of-way.
Ratcliff said he was never contacted by the county about proposed work or asked to give permission for anyone to be on his property. He said surveyors and others have been trespassing for at least two years.
"They have no business out there," he said. "We should know what they're doing, where they are from."
Francis did not disagree with Ratcliff. He said that he did not know if there was a right-of-way. However, he said that he assumed the county's right-of-way extended at least six feet from the edge of Towpath Road.
"There is a right-of-way on every road," he said.
Francis said he notified Structure Point Engineering, the firm hired to do design work on the project, that there might be a problem with a local about using his land. He said he instructed them to call Ratcliff before going on the property.
Ratcliff said he allowed the county to put steps on his land from the road down the side of the Arch for people to be able to visit and look at the running water approximately 20 years ago. He said the county did not maintain the stairs and they became a liability for him because they were located on his land.
He said in October 2004 when then first lady Maggie Kernan visited to present a check to the county and the historical society for the restoration, his men erected a barbed-wire fence at the edge of the road to keep visitors out. According to the Oct. 4, 2004, Comet article, $500,000 was presented for the restoration and to establish a trail and parking area for visitors.
"This thing is on the National Historic Registry and landowners were never contacted about that either," he said.
"I'm never going to budge on this," Ratcliff said. "I think it's a land-grab. They'll probably go to court and steal from me."
But Ratcliff is not the only Arch neighbor to be upset with the county. Property owners to the south of the Arch, Robert and Janet Shafer, are also not happy with a possible loss of land. Son Kent said Friday that his parents are frustrated with the lack of notification from the county about people on their land.
Shafer said his parents are not opposed to fixing the Arch but are opposed to making a public access site which would be located near to the elder Shafers' home.
"This is like my dad's back door," he said.
Francis concurred that the plan was to acquire land from the Shafers for a parking and picnic area.
"There's no doubt about it," he said.
Francis said the county would be able to acquire the land to get what they need. He said the money for any court action, if there was court action, would be deducted from the Indiana Department of Transportation grant for the project. He said he was not aware of a trail to be constructed and did not consider that a highway department issue.
"I think restoring the Arch is a worthwhile project for the county," Francis said. "It is the last remaining stone Arch bridge in the state and maybe in the country."












