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County asks board for permissions to tie new Ladies Island Middle School into Cougar Drive; staff warn appraisal depends on permissions
Summary
Project team asked the district to approve temporary construction permissions (not recorded easements) so appraisal and acquisition work can proceed for the new Ladies Island Middle School access road. Staff and board members sought guarantees on timing, maintenance responsibility and legal review before approving recorded rights of way.
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County and project staff outlined plans for the new Ladies Island Middle School access road and asked the operations committee to authorize owner permissions for construction work outside the acquired right of way.
Ken Branham, the presenter for the project team, said the county needs "permissions" from adjacent private property owners for work that extends beyond the yellow right‑of‑way shown on project plans: tie‑ins to Cougar Drive, sidewalk work and silt‑fence/NPDES erosion controls. "That is what's being obtained for right of way. So this work is being done outside of that, and that is why we will need permissions for that," Branham said.
Staff and board members raised several concerns about the legal form and schedule. A district staff attorney asked whether the document is an easement; staff replied these are typically temporary "permissions" in South Carolina rather than recorded easements and are valid only for the duration of construction. The presenter said permissions are not recorded; if an owner rejects a permission the county will pursue a temporary or permanent right of way and that would affect appraisal and acquisition costs.
Board members emphasized project schedule coordination with school construction and requested outside real‑estate counsel review. One board member said timing is important for the bond‑referendum schedule and public support; another asked staff to provide precise timelines and a sample permission document before the board acts.
Board members also discussed the larger road realignment that prompted the access road request. A county representative said the access road is part of a project from the county's 2019 sales tax referendum that realigns Peter Drive and would create a signalized intersection to improve middle‑school access. Staff said final decisions about removing the existing Cougar Drive connection will be coordinated with county engineers and could be part of later actions.
The committee captured questions for follow up and asked staff to return with cleared legal documents and a timetable for appraisal. No final acquisition was recorded in committee; staff said permissions must be settled before appraisals are ordered.

