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Public hearing held on petition to convert Old Mill Preserve streets to private; no decision recorded
Summary
County staff described a petition to abandon public right-of-way in Old Mill Preserve subdivision so streets can be converted to private ownership and gated; staff said no homes are yet built, the property is single-owner, and utility easements would be required if abandoned. No final action was recorded in the provided transcript.
A public hearing before the Paulding County Board of Commissioners addressed a petition to abandon public right-of-way for streets in the Old Mill Preserve subdivision in Post 3 so the owner can convert the roads to private maintenance.
A county transportation representative, Mr. Jones, said, “Old Mill Preserve is a 30 unit subdivision, zone planned residential development located adjacent Old Mill Road in Post 3,” and that the subdivision’s final plat conveyed the public streets and rights-of-way to Paulding County in January 2025. Jones told the board the property remains under single ownership and no homes have been constructed.
Jones said the owner asked to convert the public streets to private streets, which would allow gating. “To do so a public hearing must be held on the abandonment of this,” he said, and cautioned that “you cannot gate a public street by Georgia law… If you do wanna gate it, they have to become private streets by law.”
If the board approves abandonment, Jones said, the owner or an eventual homeowners association would be responsible for maintenance — paving, pothole repair, storm-water infrastructure and similar costs — while some services such as water and sewer provided by the county would remain and require easements. He also said school buses would not be able to enter private streets and suggested developers will need to resubmit development plans to ensure water and sewer easements can be built and maintained.
A commissioner confirmed there are no residential structures currently built in the development. The board opened the item for public participation; the transcript records no public comments and no final action on the abandonment during the recorded session. The board subsequently moved to executive session.
The transcript indicates staff will require deed language or homeowner documents that clarify the private-maintenance status if abandonment is approved; Jones said a Post 3 commissioner requested such language be added to homeowner deeds or sales agreements.
