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Commission deadlocks on Center Street road closure after residents and landowner clash
Summary
After extended public testimony and legal review, the Ware County commission tied 2–2 on a motion to close an unopened section of Center Street in the South Deanwood subdivision; the tie left the status quo in place and prompted staff to research title and maintenance history and explore easement options.
The Ware County Board of Commissioners on Oct. 13 failed to close an unopened section of Center Street in the South Deanwood subdivision after a divided vote, leaving the road’s legal status unchanged.
Applicant Dale Poole asked the board to close and abandon approximately 400 feet of an unopened right‑of‑way that runs parallel to South Augusta Avenue, saying he spent roughly $15,000 and months of work installing a culvert and driveway to access his 4.5‑acre parcel and does not want the roadway to split his property. Poole told commissioners he sought closure to formalize private access and avoid future public use of the strip.
Neighbors, including Heather and Lawrence Kirkhart who own 31.5 acres immediately north of the strip, opposed the closure. The Kirkharts said they purchased their land knowing the plat and that closing the road would eliminate future lawful access to portions of their property; they urged the county to preserve the option to use the plotted road for agricultural and family access.
Planning staff and county counsel reviewed historical records and plat evidence. County counsel told the board that a plat shows the road as a dedicated public right‑of‑way, but staff found no record that the county ever opened or maintained the road in recent decades. Counsel and staff recommended further title and maintenance research because evidence pointed in both directions and Georgia law allows a judicial process to resolve landlocked‑property claims.
After public comment and deliberation, a motion to close the road received a 2‑to‑2 recorded vote. Because the motion did not carry, no action was taken and the county retained the current status while legal and title research continues. Commissioners directed staff to investigate the chain‑of‑title, maintenance history and possible easement options; staff will report back with findings and options for a future meeting.
The commission’s minutes will carry a fuller record of the testimony and the attorney’s legal summary under OCGA road‑abandonment provisions. Residents and the applicant were encouraged to explore private easement negotiations as an interim approach.
