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County review finds no deed for Jernigan Road; closure would revert access to adjacent landowners
Summary
Commissioners reviewed title records and determined the county does not hold deeded ownership of Jernigan Road; staff said the road is covered by a preemptive easement and closure would return maintenance/liability to adjacent landowners once signs are posted.
MILLER COUNTY — County staff told commissioners that a historical deed search found no deed conveying ownership of Jernigan Road to the county, indicating the road is subject to a preemptive easement rather than fee ownership.
A staff member said they and Miss Gill at the clerk’s court office reviewed deeds back to 1900 and “there's no deed for the county, which means ACCG was telling this called a preemptive easement,” and that absence of a county deed means closure would refer maintenance and liability back to the adjoining landowners. “So when we close it, it just refers back to the landowners. The county does not own,” the speaker said.
Staff clarified there is nothing else the county needs to file or record to effect the operational closure: the county will notify the two landowners, and county crews led by Andy will install the road-closed signs. The presenter described the procedural steps as administrative — once the signs are posted, the closure will be in effect and the liability will shift per the easement language.
The nut of the issue for commissioners was title and liability: staff said the county's historical records do not show fee ownership and that the county followed guidance from ACCG on how to treat preemptive easements.
Ending: No formal motion or vote on permanent abandonment or acquisition of fee title occurred at the meeting; staff said they will coordinate with landowners and install signage to mark the closure.
