County road decision may spark lawsuit
Published 12:00 am Thursday, June 22, 2000
Adams County supervisors’ ruling to keep the only access road to Thornburg Lake open to the public may prompt a lawsuit against the county.
Supervisors voted 3-2 Monday to keep Thornburg Lake Road in Anna’s Bottom a public right-of-way. Ross McGehee, who farms near the lake, said landowners were certain the road would remain public prior to Monday’s vote. &uot;We’re disappointed obviously but we’re not at all surprised,&uot; McGehee said. &uot;And we’re going to have to do what’s necessary to protect our private property rights.&uot;
Neither other landowners nor their attorney, J.W. Seibert, could be reached for comment on Tuesday or Wednesday.
However, board of supervisors President Virginia Salmon voiced concerns about the landowners’ reaction to the vote. The landowners – who opposed the road’s remaining public because they believe the lake is private – have the right to take the matter to court, possibly resulting in expensive legal fees for the county.
&uot;I’m awfully sensitive about use of the taxpayers’ dollars, and this will bother me,&uot; Salmon said.
Salmon and Supervisor Sammy Cauthen voted to declare the road private. Supervisors Thomas &uot;Boo&uot;&160;Campbell, Lynwood Easterling and Darryl Grennell voted against the motion.
The issue has been hotly debated, with landowners complaining that public access leads to littering and vandalism along their property and sportsmen arguing the lake has traditionally been open to the public for fishing.
Legally, Salmon said, even if as some people say the county maintained the road in the past, that alone does not warrant making the road public today.
She said she believes the road is private and does not serve public need.
&uot;In my view, for the public to have a need there would have to be something public at the end of the road,&uot; Salmon said.
In this case, once someone steps of the road to get to the lake he is on private property, Salmon said.
State law required counties to declare which of their roads were public and which were private by July 1. The Adams County Board of Supervisors voted on all of its some 550 county roads during the Monday meeting.
Of all these roads, Thornburg Lake Road has been the most disputed.
The road is less than 2 miles long and cuts through private land to dead end at Thornburg Lake, a shallow body of water less than 50 acres in size which is considered public by some officials and private by others. The landowners want the road closed to the public to prevent litter and property damage while county residents want the road open for fishing and recreation and claim the county has performed maintenance on the road for years.
Adams County resident Spanky Felter is one of those county residents. In recent weeks, he has collected the names of residents who want the road open and who are pleased with the board’s vote.
&uot;We have over 2,000 signatures of citizens of Adams County who want to thank the three supervisors who voted to keep Thornburg Lake open to the public,&uot; Felter said.
He also urged residents not to litter on the property and to stay on the lake’s boat ramp and off private property once the lake becomes suitable for fishing again.
&uot;The lake is down right now but when the (Mississippi) river gets to 36 feet, it will fill-up and be good fishing again,&uot; Felter said.