Rep. Knudsen's family, town in tug-of-war over Legion Park

The town of Culbertson and the Horace Mann Post No. 81 of the American Legion have filed a lawsuit involving the family of House Speaker Austin Knudsen over access to a 35-acre park that hugs the Missouri River.

The suit was filed in August against the Knudsen Family Limited Partnership in August and involves a “road strip” on Knudsen property to Legion Park, which is southeast of town.

Knudsen on Monday declined comment and referred questions to the attorney representing the family. She did not return a call seeking comment. According to documents filed with the Secretary of State’s office, KFLP consists of president and director Miles, secretary Rhonda, treasurer Jordan and vice president Austin Knudsen.

The park was donated to the American Legion in 1944 by James and Edna Swindle and was used by the Boy and Girl Scouts, Culbertson Mayor Gordon Oelkers said.

Town officials said it has had a right-of-way deed since 1913.

A dirt trail, which vehicles could navigate, led to the property, Oelkers said. It was on land shared by the town and Roosevelt County.

The lawsuit states the Knudsens took title of the property in 1991 and the road was partially relocated in 1992 to accommodate irrigation pivots. There is now a gate across the roadway, legion members said.

Legion members said they used the strip of land believing it has that right and did not need permission. They said Knudsens have tried to stop them from gaining access.

They are asking the court to give them a permanent easement over the Knudsen property.

“The original owner was in favor of the legion using the land,” Oelkers said.

He said now some people wanting to access the park have been turned away or had law enforcement waiting for them at the gate.

The Knudsens have filed a counterclaim not to grant an easement.

They note that it was not until the summer of 2016 that, for the first time in 25 years, a few members of the legion tried to get to the park through Knudsen property.

They said the legion does not possess any easement, right-of-way and at most had a limited pipeline right of way.

Oelkers said it’s been bothering some people for a while and some retired legion members, who have time to deal with the issue, have pursued getting an easement.

He said a public fundraiser brought in about $30,000 for lawyer fees.

“It shows the community support for Legion Park,” Oelkers said.

The Knudsens, in a Sept. 28 court filing, have asked the court to declare the legion has no easement over their property to the park. They also ask the court award them the costs of their attorney fees.

Pete Olson, who heads the park committee for the legion, said at one time legion members were able to get to the park, but it usually ended up with confrontations with the Knudsens.

He said park users kept the facility clean.

Austin Knudsen, a Republican, won re-election Nov. 8 with 75 percent of the vote.

Oelkers said the issue was not politically motivated.

“Austin does a good job representing this area,” he said.

Olson said the town is somewhat divided on the issue.

He said there are some people who urge legion members to go down to the park and reclaim it, while others don’t want to cause problems.

He hoped an agreement could be reached.

“I’m optimistic, but it depends on the attorneys and when it goes to the judge, that will be the determination,” he said. “I am sure the other side is optimistic, too.”

Oelkers said the positive outcome would be to have the county develop a road to give unfettered access to the park.

He said part of the issue is where the deeded land is and perhaps do a land swap.

“We don’t want anything but access,” he said.