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Resident asks Marshall County to vacate neighborhood right-of-way; county attorney outlines three paths forward
Summary
Rhonda Medley told the Marshall County Commission she wants the county to vacate a 25-foot right-of-way that overlaps her house; the county attorney said adjoining-owner consent is required or the commission must show a countywide public benefit, otherwise Medley must pursue a judicial vacation in circuit court.
Rhonda Medley, a resident of 1520 White Elephant Road, told the Marshall County Commission on April 8 that her house was built across a platted lot line and partially over an established 25-foot right-of-way and asked whether the county could vacate that strip.
The county attorney (Clint May) told Medley the county recognizes three legal paths to remove a public right-of-way: a petition signed by the adjoining landowners requesting vacation; an action by the commission if it can articulate a countywide public benefit; or a judicial vacation pursued in Marshall County Circuit Court. He said staff drafted a petition for adjoining owners but that one adjoining owner, Genevieve Rollins (referred to in the meeting as Rawlings), had not signed, which blocks the straightforward petition route.
Why it matters: vacating a right-of-way typically transfers property interests to adjacent owners, so Alabama law requires adjoining-owner consent or a demonstrable public benefit for the county to act. May emphasized that even if the county vacates a way, utilities that had rights in the easement retain those rights.
Medley said she had spoken with one adjoining owner and that a recent survey shows the house encroaches across the lot line. County staff explained that the deeded lot line designates the easement as separate property and that the house’s encroachment does not, by itself, place the easement on Medley’s deeded lot.
If adjoining-owner consent cannot be obtained, May said the remaining route is a quiet-title or judicial-vacation action in circuit court; the county would be a named defendant in that litigation if title is contested. He offered to provide Medley with a prior comparable case citation (Arches Cove Land Development v. Marshall County Commission) to share with her attorney.
What happens next: staff advised Medley to consult her private attorney; the county will provide the prior case reference and will proceed with the petition-and-public-hearing process if adjoining owners sign the petition. The commission did not take formal action on the matter during the meeting.
"Without adjoining landowners' consent, that petition is no effect," Medley said in the public comment exchange. The county attorney added: "There are three ways. The easiest way is when adjoining landowners ask that it be vacated."
