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Commission deems Lee Road 353 right-of-way private, allowing owners to pursue vacation
Summary
The Lee County Commission determined a non-maintained right-of-way at Lee Road 353 is private rather than public, clearing the path for adjacent owners to seek a private vacation of the platted right-of-way; the commission cited staff, attorney materials and unanimous approval.
The Lee County Commission determined that a platted but non-maintained portion of Lee Road 353 is private in nature, a finding that clarifies the legal process property owners must follow to vacate the right-of-way.
Highway staff explained the stretch under review is platted but has not been maintained as a county road and does not provide public maintenance or services. County counsel previously provided a checklist for evaluating whether an unmaintained right-of-way is public or private under Alabama law. The petitioning property owners and their attorney provided an opinion to the commission asserting the way is private and therefore the vacation process would follow private-road procedures.
After discussion the commission voted to determine the right-of-way on the record as private; the vote was recorded as unanimous. The determination does not itself vacate the way; rather it sets the procedural path the owners must follow to obtain a formal vacation under the statute that applies to private vs. public ways.
