Resident seeks help with road

Janya Roland, a resident living near the dead end of Lundine Road, was back before the board of supervisors a second time, pleading with the county to take over the private road.

When she bought her property it was in the dry summer and easy to get in and out over a narrow dirt road. But when the rains came, the narrow road became a mud hole. She is appealing to the board of supervisors for help to take over the upkeep of the road.

All but two property owners are willing to give the county easements in order to get the private road taken over. But supervisors advised they can’t go against constituents who sued to have the road adjudicated a private road years ago.

“We have to have right-ofway from everyone there,” advised board attorney Kent Smith. “First, all people can sign a right-of-way or the county has to sue for imminent domain to take right-ofway.”

Roland said the mud is so thick people are driving on the grass.

“There’s no getting around it when the ground is saturated,” she said.

Smith continued.

“Those people sued and had it made a private road,” he said. “Some of those old timers passed away and new people have come. It would take $100,000 to $200,000 to top that road, but people have to give us right-of-way. Two people are resisting giving right-of-way.”

He suggested the other residents continue to seek cooperation from the two holdouts.

“You’ve got to sue us and take it over,” Roland said.

Supervisor Charles Terry asked whether the road has to be brought up to standards before the county would accept it.

Smith said the property owners would first sign a petition seeking the county’s help. The road would have to be looked over by three supervisors, then the board would take a motion on whether to accept the road or not.

“You can’t just rest on your laurels,” said Roland. “It wasn’t a subdivision at first.”

County administrator Larry Hall said, “It was declared a private road.”

Ronnie Joe Bennett weighed in.

“We are not going to buy right-of-way,” he said.

Smith added, “The board still has to decide to sue those two holdouts to get right-ofway. The difficult thing is to sue their constituents to get a road. I’m just trying to follow the law. It’s a terrible situation.”

Chancery clerk Chuck Thomas suggested someone look at the lawsuit requiring that a designated person maintain the private road.

Roland said the person designated grades the road.

“You can drive on dirt when it’s dry,” she said.

Smith said the county has no permission to work on the road.

“If the board helps you, then someone elsewhere wants their drive (paved) maintained. It won’t stand an audit,” Smith said.

Roland said she will be in the board room until the supervisors do something. She said she has no authority to “knock on their door. You do. It’s just as simple as moving a fence.”

“It’s difficult for these guys (the supervisors) to make a decision to sue their own constituents,” Smith repeated.

Supervisor Charles Terry entered the fray.

“This is similar to a conversation we had in another area in the north of the county,” he said. “It is the responsibility of the owners who bought the property there. We will do something if you get them to agree.”

Smith offered to provide a petition for the property owners to sign.

Ronnie Joe Bennett then did some straight talk.

“Everybody who lives on that road knew what it was when they bought it,” he said. “I have a piece in Waterford like this. People go and buy land then come up here and want to dump everything on the taxpayers.”

Smith advised Roland it will take 100 percent participation of all property owners involved.

“We have to have the people come forward,” he said, “and the county would have to pay compensation if it sued the holdouts. The county would have to replace the fences.”

“I’ll get out there and help you replace the fences,” said Roland, drawing laughs from the audience and supervisors as well.