Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Road Adoption topic
No spam. Unsubscribe anytime.
Residents press Powell County to confirm legal status of Creech Road; court requests records search
Summary
A resident told the fiscal court that, without the statutory adoption or a deed, Creech Road may not legally be a county road; the court asked staff to search historical records for three months and took no action at the meeting.
A resident seeking clarification on Jan. 13 told Powell County Fiscal Court that Creech Road may not legally be an adopted county road unless the county followed the statutory adoption process or holds a deed.
Eric Williams asked the court to find written documentation proving the easement and adoption status for the roadway off Hardwicks Creek/CR 1057. Williams cited a 2010 fiscal-court reference and a Supreme Court standard he said requires formal process or a deed before county funds may be spent on what would be a county road. "If you do not follow the process per the Supreme Court ruling it's not a county road," Williams said.
Road Supervisor Patrick McCoy and County Attorney Robert King told the court that current records are unclear and that county order books and historical documentation are not consistently indexed. King explained that public travel for 15 years can create a public passway but does not automatically convert the travelway into a county-adopted road; adoption requires deed, eminent-domain action or the formal road-adoption process under state law.
Judge Executive Eddie Barnes and members of the court asked staff to continue document searches and return findings to the court. The court requested up to three months for the records search and took no action on changing road status during the Jan. 13 meeting.
Next steps: Road Supervisor Patrick McCoy and County Attorney Robert King will continue searching county order books, state maps and other records to locate any prior adoption documents or deeds; the court asked for a report back to a future meeting.
