road 7over eagle head

[Janet Harrington]

Kshillbillys, Okay I just wanted to get that clarified.

I believe that Road 5 stops in the middle of the Jim Perkins property. I can't find my 911 maps that I used to have. I am going to have go to the courthouse and buy one of those books that shows all the roads. I think that where the map shows where Road 5 stops, turns into an oil field road for private use. The open county road does not start again until Road 7 and Killdeer.

At least that is what I believe. Now, I think that the county road department grades, and has forever, graded that oil field road. At least, I think they did. I could be wrong. I never saw a road grader up there. However; if a county road employee is told by bosses to grade the road, what can a county road employee do?

If that oil field road is being graded and it not a public county road, then it could be considered misuse of public funds. My thoughts.

[Wilma]

It just might be that it is no longer a road, but private propety that is still being used as a road by the landowners.  And anyone else using it is trespassing.  Just how much of this road is gravel and how much of it bladed?  Does the county blade it or does Perkins have his employees do it?  Maybe someone should ask the road department why?  It just could be that no one has ever told them to not grade it.

The maps that I have show that most all of the property lying south of Limestone, west of Rd. 8, north of Indigo and east of Rd. 5 is Perkins land.  Since there are no roads going through that property, no one has to be using them to get to their own property.  Anyone else that is on them is trespassing, a lot of which I will bet the Perkin's put up with.

Before you start casting aspersions on the family involved, go to the road department and find out the facts.  Even Old Fart might not know the all of it.  He just knows what he sees.  And even if the roads are being graded by the county when they shouldn't be, it goes back many, many years.  Many years before the county commissioner involved became county commissioner.  There have been a lot of county commissioners and I will bet that not one of them realized that their road crew might be grading private property.

Do some research.  Save the innuendoes until you have the facts.

Again,  where is the road closed?

[Patriot]

According to a Caney River wind project map provided by the Tennessee Valley Authority, the following information is available regarding the area.


The Project access point is at Killdeer & Rd 7  and the access road extends SW from that location.

The section immediately SW of that corner was owned by the Harrison Family Trust according to a 2010 plat map.  Except that the NW2 of the NW4 of that section appears to be owned by the Mac-O-Chee group.

In that section, the following wind farm sites are indicated:

Ops & Management building
Substation
5 acre laydown yard
50 Acre quarry
About 8 wind tower sites

[readyaimduck]

Do some research.  Save the innuendoes until you have the facts. Again,  where is the road closed?

Was the road vacated by the county commissioners?   if not, then it looks like, and I use that term lightly for those not in to research, that it would be a gentleman's agreement, and an 'encroachment' of the 'offending' party would be well within their rights on the landowner's property?
Please correct me if I am wrong..

Patriot...maps have a tendency to change per county/per month....

ready

[readyaimduck]

buy one of those books that shows all the roads

You realize Janet, those books are printed at least 5-6 months before May?  What may be in those books, may no longer be true today.
ready

[oldfart]

What I know I worked for Elk co from 1994 to 1997 and bladed  up and half way then the Moline boys bladed road 5 up the back side to where we turned around also,worked from 2007 to 2009 I bladed it once then was out of blade so i don't know how many more time it was bladed. One of the other guys hit oil line in the 90s I went up to help patch it.

[Patriot]

Patriot...maps have a tendency to change per county/per month....

I suspect in that area, given history & family interests, the ownership information is pretty stable from 2010 to 2011.  And meets & bounds data has been mostly stable for a very long time.

[Wilma]

Old Fart, glad to hear from you again.  What you know is first hand, hands on information and I will take your word for what you tell us.

On the other hand, though.  A landowner cannot just simply close a road, even though it apparently benefits no one but himself.  He has to petition the county commissioners for closing, the commissioners, (now here I am a little cloudy) have to inform the public of the petition to close the road and give the public a chance to present their desires.  The commissioners then ascertain if closing the road would adversely affect any other landowners.  Then they can decide whether or not the road can be closed.  If they decide on closure, the landowner can then fence it off.  Since the land already belongs to him and whoever owns the other side, the fence can close off access and define boundaries.

The 1988 landowners map clearly shows Road 5 ending in the center of Section 17, Township 30, Range 9.  It also shows the road as a graveled, well maintained road, going south all the way to Hwy 160.  But there is also another road, Rd. 9 that goes from Limestone to 160. so losing part of Rd. 5 shouldn't cause a hardship for anyone.

Now, this I do not know.  Can the county commissioners close a road without the landowners permission?

[kshillbillys]

So, what I told you was not hands on information that is first hand? I have worked there since 2008! There were at least 3 of us there hauling the rock and there was a grader.

[readyaimduck]

A landowner cannot just simply close a road, even though it apparently benefits no one but himself.  He has to petition the county commissioners for closing, the commissioners, (now here I am a little cloudy) have to inform the public of the petition to close the road and give the public a chance to present their desires.  The commissioners then ascertain if closing the road would adversely affect any other landowners.  Then they can decide whether or not the road can be closed.  If they decide on closure

1.  To close an access, isn't necessarily for the landowner's sake to in his own interest.  If no one protest it is then deemed private property.
2.  Most landfolks agree on the boundaries that they knew were theirs.  And most accepted if not gave lienence to those boundaries.  That has been the 'rule of the land' before others started (insert:  twisting, loophole, re-interpreting) making decisions. 
3.  If the adjoining landowners all agree...then there is no problem.
4.  If Mr. Perkins hired someone to gravel his own procted drive/road, then there is no problem. 
5.  If the county was grading a road that is private, then we have a whole 'nother 'box of rocks'
ready