Questions arise in Dayton government status

DAYTON - Residents looking into the feasibility of establishing Dayton as an unincorporated town are wondering what the community's actual governmental status and authorities are now.

Some are saying Dayton may already be unincorporated, but no one is quite sure exactly what that might mean.

It appears the dedicated efforts of Ray Benefiel, Dayton Regional Advisory Council member and leader of the unincorporation research committee, have raised more questions than answers regarding the issue.

"We need to establish what we are and what our responsibilities are under that designation," Benefiel said at a recent advisory council meeting.

Benefiel presented copies of actions by commissioners and residents from 1935 and 1965 that he feels indicate Dayton already has the status his committee is looking into the merits of establishing. However, he has been frustrated in attempts to get definite answers from current county officials as to what the definition of unincorporation was at that time.

"It has been suggested to me that we assume we are unincorporated and let them (county officials) prove otherwise," he said.

At the center of the current effort is the question of whether unincorporated status gives Dayton access to past and current tax revenues and the obligation to spend those revenues to provide town services.

The council submitted the supporting documentation to Assistant District Attorney Steve Rye more than two months ago and no answer has been received indicating the unincorporated status is not valid, Benefiel said.

The advisory council has since agreed to send a letter to the county commissioners stating "Since subsequent research has turned up nothing to nullify the status of Dayton as an unincorporated town, we respectfully request the Lyon County commissioners take whatever actions necessary to verify the status of Dayton as an unincorporated town with the appropriated funds and authority commensurate with this issue."