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Commission reviews dirt‑street paving contract; attorney says paving an easement is allowed but fee simple title preferable
Summary
The Hofstadter/Thrift Brothers dirt‑street paving contract raised questions about a mistakenly referenced county in contract language and whether the county may pave easements; Assistant County Attorney Jennifer Herzog said paving an easement is legally permissible though fee simple ownership is preferable to avoid future challenges.
The Ware County Board of Commissioners reviewed a dirt‑street paving contract (Hofstadter contract with Thrift Brothers) at its June 9 work session and discussed design and property interests affecting the project.
County staff noted an incorrect contract reference that read 'Superior Court of Toombs County' which County Clerk Melinda Brooks said the contractor acknowledged as an oversight and would correct to Ware County. County Manager James Shubert explained that the project does not assume a 60‑foot right‑of‑way; the design provides 20 feet of paving and a one‑foot shoulder and changes to ROW width would require acquisition or deeper ditches.
Commissioner Leonard Burse asked whether the county could pave across an easement to extend the project to Wadley Road. Assistant County Attorney Jennifer Herzog advised that the county can pave an easement, but obtaining fee simple title (purchase or deed) provides stronger long‑term protection against future challenges; a prescriptive easement is more vulnerable to later challenge. The manager was directed to check for the existence of an easement before the regular meeting.
