60 days to clean it up

Salvage materials and equipment sit in the right-of-way and up to the road at a property along 476th Avenue in rural Moody County. County and township officials have given the owner, Bernie Opland, 60 days to clear the area and bring the site into compliance with state nuisance laws. Opland is not disputing the letter and intends to clear the right-of-way and aims to sell the property as soon as it is cleared.

By Carleen Wild
Moody County Enterprise


At 81 years old, Bernie Opland will be the first to tell you things aren’t what they used to be.
“I don’t have any feeling in my legs up to my waist anymore,” Opland told the Moody County Enterprise, recalling a rollover crash north of Sioux Falls four years ago.
“I’ve got to use a walker all the time right now.”
For decades, Opland ran his farm, other local businesses, and his salvage yard at 21365 476th Ave. with pride. But in recent years, as his health declined and others, including his son Kelly, took over day-to-day operations, he says the property has gotten away from him.
“We’ve been telling him (Kelly) not to do that, but he hasn’t listen,” Opland said of activity spilling into the roadway.
“I ran that place for 40 years and it’s always been good up to the last four years.”
This week, Opland received a certified letter from Moody County and Clare Township giving him 60 days — until May 19 — to bring the property into compliance.
County commissioners, working alongside township officials, say the property meets the definition of a public nuisance under South Dakota Codified Law 21-10. Concerns center on salvage operations extending into the township road and right-of-way, including loading, unloading and dismantling vehicles in areas meant for public travel, raising safety issues for drivers, neighbors and anyone passing through.
Officials are asking Opland to stop using the roadway for business activity, clear debris from the right-of-way, and install a maintained, non-transparent fence to properly screen the property — a standard often required in similar operations.
Opland doesn’t dispute the concerns.
“Absolutely,” he said. “It’s ridiculous. I can’t even get on or even close to my scale anymore.”
He says he plans to clean up the property and get it prepared for a sale, noting his family is no longer interested in continuing the business.
“I’m going to have that place cleaned up,” Opland said. “I’ve got a couple guys interested in buying it, but I’ve got to get it in shape first.”
County officials say they hope for voluntary compliance as the seasons shift and cleanup becomes more feasible. If the issues are not addressed, further action — including abatement of the property and assessing cleanup costs to the owner — remains under consideration.

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