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Proposed abandonment of Center Street draws split reaction from neighbors
Summary
Applicant Dale Poole asked the board to close and abandon an unopened 50'x400' section of Center Street so he can use the right-of-way as private access; Niru Patel supported keeping the road closed, while Heather and Lawrence Kirkhart opposed the closure citing access concerns for their farmstead. Assistant County Attorney Jennifer Herzog noted Georgia law cannot leave property landlocked. The item was added to the regular agenda; the public hearing was closed by unanimous motion.
Interim Planning Director Dustin Minchew presented a request to close and abandon an unopened 50-foot-by-400-foot portion of Center Street in the South Deenwood Subdivision. Applicant Dale Poole told the commission he wanted the county’s right-of-way to be deeded and used as a closed-access private driveway; he said he had spent roughly $15,000 improving his portion of the road before learning the county held title.
Support came from Niru Patel, who owns a convenience store at 2001 Carswell Avenue and said he would like the road to remain closed. Opponents Heather and Lawrence Kirkhart, who said they recently built a home at 2342 Carswell Avenue and are applying for farmstead status, argued they need access because a deep ditch across part of their property would otherwise prevent practical access without a bridge or new road.
Assistant County Attorney Jennifer Herzog advised the board that Georgia law does not permit a landowner to be legally landlocked; she and staff noted the Kirkharts currently have access to the property via another driveway at 2342 Carswell Avenue but that reaching the disputed portion would require significant work. Commissioner Jon Tindall explained that when a road is closed, the right-of-way is typically divided between bordering landowners.
The item was added to the regular meeting agenda for further consideration. Commissioner Leonard Burse moved to close the public hearing; Commissioner Jon Tindall seconded and the motion passed unanimously. The public hearing closed at 6:04 p.m.
