Committee advances ordinance to formalize acquisition process for county 'legacy' roads

Beaufort County staff urged the Public Facilities Committee to adopt a formal process to secure clear title to roads the county has historically maintained under prescriptive right. Jared told members the ordinance is intended to prepare the county to acquire necessary right‑of‑way when funding becomes available and to resolve long‑running ownership ambiguities that have left some roads in a "legacy" maintenance status rather than fully eligible for capital funds.

Under the proposed six‑step approach, staff would (1) perform a preliminary assessment to identify the extent of needed right‑of‑way, (2) research and notify affected property owners, (3) negotiate conveyances where a majority of owners agree, (4) pursue additional negotiation where a majority but not all owners consent, and (5) in limited cases pursue affidavit remedies or friendly condemnation to resolve heirs‑property issues. Jared emphasized that acquiring right‑of‑way ‘‘doesn't necessarily mean your road will get funded or paved right away, but it will give us the opportunity to move forward and expand capital on a road that now we have clear title to where in the past we didn't.''

Committee members sought clarity on where the proposed flexibility for right‑of‑way widths would be captured; staff answered that the preliminary assessment and ordinance exhibit would provide the case‑by‑case discretion (for example, some roads may require 30 feet rather than the standard 50 feet). The committee approved forwarding the ordinance to County Council with no objection.