Pastor Seeks Access to Landlocked Parcel via Justice Lane; County Weighs Legal, Maintenance Risks

Pastor Larry Hobbs, of Flagler County Baptist Church, asked the Board of County Commissioners on Monday to allow access to a landlocked parcel via Justice Lane so his church can develop a campus and therapeutic program. County growth-management staff and legal counsel told the board they could not unilaterally grant that access and outlined legal and maintenance issues the board must weigh.

The church’s parcel is surrounded by private holdings and county property, and Pastor Hobbs told the board he has paid for a wetlands delineation that showed “7 and a half buildable acres” out of a roughly 9‑acre tract. He said he has tried to negotiate with the adjacent parcel owner, a South Florida church listed for sale, but that owner has been unwilling to offer an easement and is instead marketing the parcel for sale.

County Growth Management Director Adam Mingle described the site and Justice Lane for the board, noting Justice Lane is currently treated as a private driveway rather than a county right of way. Mingle said the surface is paved but “not built to any kind of county maintained road standard” and warned that bringing Justice Lane up to county road standards would require “millions” in repairs and long‑term maintenance. He told the board the county could ask users of that reach of Justice Lane to cost‑share routine maintenance or consider dedicating the road, but cautioned that designation as a public right of way would obligate the county to significant capital work and ongoing expenses.

A county staff member referenced Florida Statute 704.01 — the statutory version of the easement of necessity — and said title review suggests the parcel was cut off from Old Hall Creek Road by the parcel immediately to the west. Under that statute, the legal presumption often requires access through the parcel that originally cut off access unless doing so is not “practicable.” The staff member said initial aerial analysis did not show wetlands on the western parcel that would block a driveway there, although seasonal wetland indicators were seen on the southeast corner of the subject parcel. The staff member also said the sheriff’s attorney had provided a brief note stating the sheriff is “not in favor” of allowing expanded access via Justice Lane.

Pastor Hobbs described the church’s outreach programs, said Stuart Marchman (a nonprofit provider on or near Justice Lane) and the jail already use Justice Lane for deliveries and visitors, and called Justice Lane “the nearest practical route” for his proposed campus. He said his organization would use the site for church services, mentoring, therapeutic riding (“Mercy Reins Ranch”), disaster relief and partner work with local law enforcement and social‑service providers.

Commissioners expressed differing views. Some said the seller or the parcel owner who created the landlocked condition should be required to provide access, and cautioned against designating Justice Lane as a public road because dedicating access can lock in a particular alignment and limit future options. Others noted the county already performs patching and maintenance on Justice Lane and suggested the county could seek to formalize control if that better serves county interests.

The board gave staff direction rather than a formal vote: county legal staff were asked to provide a written opinion on the application of Florida Statute 704.01 to this parcel and whether the county may be required to provide or compel access; staff were asked to continue outreach and to report options the church might pursue (purchase of adjacent land, negotiated easement, or litigation by private counsel). Staff also said that, if the board ultimately decides to permit use of Justice Lane, an easement would be placed on a future agenda for formal action.

Ending: Commissioners did not adopt a final policy change and left the matter open. Staff will return with legal research and recommended next steps; Pastor Hobbs and his attorneys indicated they are prepared to pursue private legal avenues if necessary.