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Property owner asks Russell Springs to clear blocked alley, cites recorded easements and KRS 82.400
Summary
A property owner urged the council on July 9 to require removal of obstructions from a long‑used alley connecting Main Street to Logan and Jamestown streets, citing multiple deed-book references and Kentucky statute KRS 82.400; city officials asked for a title opinion and clear proof before taking enforcement steps.
A Russell Springs property owner and Main Street business-owner (speaker 11) used public comment at the July 9 council meeting to press the city to require removal of an inoperative vehicle blocking an access corridor he said serves three buildings and connects to Logan and Jamestown streets.
Speaking from the public-comment period, the owner described the corridor as an established alley and cited several deed-book entries and recorded easements dating to the mid-20th century. He said the corridor contains city infrastructure — utility poles, water meters and sewer lines — and argued that obstructions impair maintenance and emergency access. "I'm asking the city to require that the inoperative vehicle blocking one entrance to this corridor be moved elsewhere on the owner's property to ensure that this established access corridor remains free from obstructions," he said.
The commenter cited Kentucky statute KRS 82.400 and said that when property has been open to the public for five consecutive years it is conclusively presumed to have been dedicated as a public way or easement; he asked the council to consider recorded deeds and the city's enforcement authority rather than pursuing condemnation or eminent-domain actions.
City representatives asked for additional documentation. A council member (speaker 2) responded that the city needs clear proof and a title opinion to determine whether the easement was "completed" and thus enforceable. The commenter said he had provided deed-book citations and that a staff contact (Alan McQuarrie) had confirmed a sewer line runs through the area where vehicles are parked.
The council did not take immediate enforcement action at the meeting and requested staff investigate title records and infrastructure locations to verify the claim. The public commenter asked the city to protect access "without condemning property" and to use available code-enforcement tools if the easement or recorded rights apply.
Next steps recorded in the meeting included staff follow-up to confirm the location of sewer and water lines and for city counsel or staff to review title documents before the council considers any enforcement or formal acceptance of a dedication by ordinance.
