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Baldwin County commission denies request to vacate narrow 6.7-foot alley to Mobile Bay
Summary
The commission denied VAC-26-1, a request to vacate a 6.7-foot unopened alley adjacent to Mobile Bay after staff recommended denial under policy 9.21 to preserve public water access; the applicant’s representative argued the alley posed safety and maintenance issues.
Baldwin County commissioners voted on June 16 to deny a request to vacate a 6.7-foot-wide unopened, unimproved right of way that runs from County Road 1 to Mobile Bay (case VAC-26-1).
Planning staff presented the application and told the commission the county’s policy 9.21—which is designed to preserve public water access and rights of way terminating at bodies of water—supports denying vacation requests by riparian property owners. The staff report cited the county policy and relevant Code of Alabama provisions governing public-notice and public-hearing requirements for vacation actions.
"This alley is not a road right away," said Austin Gerald, who spoke on behalf of adjacent property owners including his parents. He argued the 6.7-foot width made the alley functionally unusable for vehicles, made maintenance difficult, and increased the risk of trash entering the bay. Gerald said vacation proceeds could fund sidewalk completion to Pelican Point and that the alley’s narrowness limited practical public access.
Staff clarified the alley appears to be mowed and maintained by adjacent property owners but not by county resources, and emphasized that numerous similar public water-access points and unopened rights of way exist across the county.
Commissioner Gruber moved to deny the vacation request; the motion was seconded and the commission voted in favor, with the chair announcing the motion passed.
What it means: Under the county’s adopted policy 9.21, requests by adjoining riparian property owners to vacate rights of way that provide public water access are presumptively denied unless a waiver is granted; on June 16 the commission denied this application after hearing staff’s recommendation and public comment.
