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State Lands acknowledges historic easement on Durham Road; county reviews survey and options
Summary
State lands staff told Carter County the agency will acknowledge a historic right‑of‑way easement on a portion of Durham Road. County counsel and survey documents will be used to apply for a formal easement; commissioners discussed relocation and abandonment options for adjacent sections and potential compensation issues.
County staff informed the commissioners that State Lands has acknowledged a historic right‑of‑way for a portion of Durham Road running along a section line.
As the county attorney summarized, "They're acknowledging the historic easement of the Durham Road. They're satisfied with it," and a draft application — including a survey, historic maps and a court27s findings — has been prepared for submission to State Lands. The easement recognition covers the west side of the section and, according to staff, would be recorded as a 60‑foot public easement (30 feet each side of the center line) to be brought to county road standards for that section.
Commissioners discussed scope and impacts. The county attorney noted the court had previously adjudicated the road as a public route in related litigation and that acknowledging the historic easement is intended to avoid litigation, although it cannot guarantee that other abandonment challenges will not arise.
Board members also reviewed practical options: petitioning to establish a new road alignment on private properties (Ryerson, Patton) and then formally abandoning the current segment through the statutory abandonment process so that private homes are not bisected by a public road. Commissioners pressed staff on whether State Lands would ask for compensation; counsel said compensation was possible but likely reduced because only half the road crosses state land.
The county will finalize the application materials, distribute copies to affected landowners, and consider petitions and abandonment procedures for sections outside the state land acknowledgement.
