Covington council authorizes sale of part of South America Street after heated Favreville public hearing

The Covington City Council narrowly approved an ordinance on May 6 to authorize the mayor to sell a portion of the South America Street right of way in the Favreville neighborhood, authorizing a sale that supporters say will resolve safety and vandalism issues and opponents say will transfer historic public land to private control.

The vote followed lengthy public comment from residents on both sides. Paul Marrone, attorney representing Favroville LLC, urged the council to approve the sale and said Favroville had followed ordinance procedures: “The request before you this evening, is for the city to sell a portion of the unopened right of way at South America Street to my clients, all in accordance with the provisions in your ordinances,” he said, arguing the property is an unopened right of way and that sale would resolve vandalism and traffic safety concerns raised by his clients.

Neighbors opposed to the sale disputed Favroville’s account of history and use. Baldwin Reed and other longtime residents said the area is effectively green public space and accused the Fredericks of provoking recent disturbances; Reed called the Fredericks’ claims “speculation or conjures up falsehoods” and urged the council to protect the neighborhood. Jennifer Frederick, whose family filed a competing application to remove dirt and reopen the street, said the footprint of South America Street historically reached her home and that her application seeks a public use: “If there is any public use for this street, it cannot be sold,” she said.

Survey and engineering evidence presented to the council was mixed. Bruce Butler, a land surveyor hired by the Fredericks, testified that the old roadway bed is located within the dedicated right of way and that utilities and drainage inlets cross the parcel, saying, “In my opinion, yes, the old existing roadway is in the right of way, along with several utilities: electric, water.” City engineering staff warned that converting the unopened right of way into an open, maintained street would require more than removing dirt and adding gravel: building ditches, culverts and lateral servitudes and addressing hydrology would be needed before the city could accept maintenance responsibility.

City Attorney Rod Roderick summarized the legal framework: state enabling legislation and a local ordinance allow a municipality to sell dedicated rights of way if the governing body finds they are no longer needed for public purposes. He told the council the planning commission had voted to authorize a sale and that the city may sell property for not less than appraised value. Roderick referenced an approximate appraised value during the hearing.

Council debate turned on two broad points: whether the parcel is currently used by the public and, if the city sells it, whether the city would be assuming maintenance and drainage responsibilities. Several council members said the city has not maintained the parcel and that opening and maintaining it would impose unplanned costs on taxpayers. Others urged caution and noted procedural fairness, arguing that competing requests and pending permits should be resolved through a neutral process.

After closing public comment, the council voted 4–3 to authorize the mayor to proceed with a sale to the petitioner consistent with the ordinance and appraisal requirement. Council members voting yes cited the planning commission’s recommendation and the administration’s view that the city does not need to assume maintenance; members voting no cited public-use concerns and procedural fairness.

The ordinance authorizes the mayor to enter into a sale for not less than the appraised value and directs administration to complete required steps. The council did not specify immediate construction or opening of the right of way; engineering staff said any effort to open the roadway would require additional design, servitudes and cost estimates before city acceptance of maintenance.