Board orders investigation after landowner blocks West Sand Creek and Hill roads

The Oktibbeha County Board of Supervisors directed the county attorney and the road manager on March 17 to investigate a complaint that West Sand Creek Road has been blocked by a landowner and to take steps to restore access if the road is a county-maintained public road.

Why it matters: If a landowner has placed a gate or barrier across a public county road, the county may need to enforce public right-of-way and restore access. The board discussed the need to determine whether the road is on the county road register and whether historical acceptance by prescription changed the public status.

The complaint came from a landowner, Johnny Turnipseed, who said he purchased property at the end of West Sand Creek Road and that a neighbor had closed access by placing a gate or cable. Road manager Victor Collins said his measurements indicate the county road extends past the obstruction and that county crews have historically maintained the segment. Board members discussed that in some locations the county’s maintenance by prescription has effectively extended the traveled roadway beyond the original recorded acceptance.

Supervisors voted to have the county attorney and the road manager subpoena both parties to appear before the board to resolve the matter. A friendly amendment asked staff to investigate a similar gated closure on Hill Road; the board instructed the county attorney and road manager to include Hill Road in the review and report back with legal analysis and next steps for removal or enforcement.

Board members stressed the need to rely on the county road register and legal review prior to taking physical enforcement steps; the board also authorized staff to proceed with surveys or legal remedies as appropriate.