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Attorney for Timmermans urges Louisa County not to sell disputed Spring Street, cites pending court process
Summary
An attorney representing Richard and Luann Timmerman told supervisors that title and access issues around Spring Street in Elric are legally complex and urged the county not to sell or otherwise dispose of the property while litigation and a February hearing remain pending.
An attorney from the law firm Boardwell & Parsons, representing Richard and Luann Timmerman, told the Louisa County Board of Supervisors on Oct. 14 that ownership and access for Spring Street in Elric are legally unclear and that the county should not attempt to sell or convey any portion of the roadway while court matters remain unresolved.
The attorney said the parcel and access questions are “extremely complicated” and “it is a mess,” citing multiple ownership claims, floodplains, vacated rights-of-way and pending condemnation and quiet-title issues. He told the board a court hearing is scheduled for February and warned that prescriptive easements must be declared by a judge before the county could rely on them as a basis for ownership or sale. “We do have a hearing scheduled in February,” he said.
The attorney said there is no recorded plat or recorded conveyance establishing Spring Street as county property and that, in his view, the county currently lacks a clear legal title. He urged the board to defer any sale or conveyance until legal questions are resolved and noted the expense and time needed for quiet-title litigation. As a practical alternative, he and his clients support building a Missouri bridge to preserve access where water intermittently crosses the driveway; he said an expert hired by his clients would testify to that solution in court.
Supervisors and staff noted the county has maintained the roadway but agreed that maps and a site visit would be useful so the board can better understand the facts on the ground. County staff and the attorney discussed possible future coordination with adjacent landowners, including a reference in the record to “JEB Farms” as an owner of land the old Spring Street traverses.
No formal action was taken during the meeting; the attorney said his clients appreciate county maintenance but requested the board refrain from selling the disputed property at this time.
