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Residents press Mobile County over House Ferry Road vacation and Big Creek Lake access amid litigation
Summary
Residents urged the commission to rescind a 2022 vacation of House Ferry Road that removed a public boat-ramp access to Big Creek Lake, arguing the county used an improper statute and that the lake is a navigable water body; county counsel said the question is currently tied up in litigation and recommended compiling facts before any county action.
Several residents told the Mobile County Commission they want the county to restore public access to Big Creek Lake after a road vacation removed the public boat-ramp approach.
Heath Hutchinson, who said he lives on Jones Road, argued the commission used the wrong statute when it vacated House Ferry Road and said the vacation should have followed the statutory process under a different code section. Hutchinson named statutes on the record, saying the county used section “35-2-54” but that the correct statute for that road type would be “23-4-20,” and said the required notice steps were not completed.
County counsel and staff told the commission the issue is currently litigated in Montgomery (a suit referenced between a private property owner and the Department of Conservation and Natural Resources). Counsel said staff is compiling factual land records and planned follow-up meetings with claimants and technical staff to clarify what property the county owns around the lake. Counsel advised that a court determination about navigability will shape what the county can lawfully do.
Matthew Fraser, another resident, said property interests surrounding the lake have effectively privatized access and accused the private owner of misleading the public about closure and safety. “They have lied,” Fraser said on the record.
Commissioners said they sympathize with residents’ desire for access but noted the county’s ability to act is constrained by pending litigation and legal uncertainty over the navigability designation. Staff proposed to meet with claimants next week, provide factual land-ownership mapping, and then report back to the commission.
What happens next: staff will provide additional factual materials and meet with residents and technical staff; commissioners indicated they will await the outcome or further guidance from the Montgomery litigation before pursuing any unilateral rescission of the 2022 vacation.
