Escambia Asserting Right Of Way On Privately Owned Portion Of Fairground Road

September 15, 2010

Escambia County is asserting ownership of a right of way along a one-third of a mile stretch of Fairground Road in Molino that is privately owned.

A maintenance map to be adopted by the county shows the the 1600-foot section of Fairground Road runs south of Wilder Branch Creek to just south of Fillingim Lane.  By adopting the maintenance map and certifying that the county has maintained the private road for over seven years, Florida law dictates that the county will have right of way on the portion of the road that has been maintained.

Pictured: This map, provided by Escambia County, shows the portion of the privately owned Fairground Road that has been maintained continuously by the county for more than seven years.

Comments

34 Responses to “Escambia Asserting Right Of Way On Privately Owned Portion Of Fairground Road”

  1. Ladybug on September 26th, 2010 5:06 pm

    Didn’t see the article until today 26th but this was the original road to Molino.
    This section of road should come under the control of who ever controls run off.
    The run from farming and road is completely distroying the creek. It is no more the sandy bottom but now red from the hauling in of red clay. It is a health hazard to those of us with breathing problems and maintaince will not improve the air
    we breath. Our cars our homes and our vegetation is completely covered with red dust. Donot tell me I knew it was dirt when I move here. There was only 5 families here then and that is part of the problem with this county. Nothiing was done to improve the road or stop construction until the road was made to handle
    the traffic. Now we are all left with hard feeling for a family that seeems selfish
    and controlling. But then this is what we see from this family all over the county.
    So let’s not judge for what goes around comes around and their reward will be
    from a higher power than the county.

  2. Molino Lady on September 17th, 2010 6:10 pm

    Please read the article – it says ‘maintaining’ and does not mention paving. The property owner should have his land RAISED in value to be an high as his neighbors – certainly not lowered. He has many acres – not a small lot.

    A number of us have had family here since the EARLY 1800’s and that road was here. It is on the early, early maps of the colonial period. I know people alive now who can verify the road has been here over 90 years – they have used it all of their life. Florida law says it can claim what they have MAINTAINED for over seven years. My great grandparents (and even further back) rode on that road. Seven years is a joke – it is much longer than that been a public road. Hard to think someone does not want it maintained. We are as deserving as any other person in the county.

    It takes all kinds. Please read the article. The road is not paved.

    That person does indeed ride over other folks property to get to his.

  3. SW on September 17th, 2010 9:21 am

    I wonder if they’d consider that little stretch of Purdue Road in McDavid next? They’ve been maintaining it forever; but please pave it.

  4. JW on September 16th, 2010 10:54 pm

    David Preston for County Commissioner!

  5. dnutjob on September 16th, 2010 3:03 pm

    David, I was being sarcastic…….

  6. dnutjob on September 16th, 2010 2:57 pm

    You know what? if it wasnt for escambia county that cut through road at Barrineau Park would be closed Alabama did not want the bridge replaced they wanted to close it, escambia county put in the bridge and put down the dirt on the alabama side at the time it was installed because alabama said you put it in , you make it work . so please dont start talking bad about escambia county when it comes to your cut through road. Be happy its still open.

  7. xpeecee on September 16th, 2010 12:33 pm

    Goforit, we are simply wanting an explanation. I think, if I wer Commissioner, I would try to explain things to those who asked. I mean, if I weere interested. Just saying… : )

  8. Janice Parker on September 16th, 2010 9:50 am

    I agree with xpeecee. That portion of road has been maintained for 40 years or more. Alabama is paving their portion, and I don’t know if a counter has ever been installed . I think they would be surprised at the amount of traffic on that road. Unless the economy crunch is affecting them, I don’t know what has happened to road maintenance in our area. I live off Pineville road. They are not grading it as much as they used to, and lately, they grade a piece and skip some and grade some more. And it seems that the section that is most densely populated gets less grading than the rest. That’s between Arthur Brown and O.C. Phillips. I don’t know why the bus drivers and the mail carrier don’t complain. I guess it’s like the old saying. Money talks.

  9. David Huie Green on September 15th, 2010 8:58 pm

    REGARDING:
    “It doesn’t really matter though does it? except to the folks who drive the road huh?”

    –or anyone who might want to. Let’s see, ambulances, deputies, utilities. It might save lives through all those plus provide egress in case of a train derailment at the right place, I’m not sure. What’s this? 2.42 acres? You might want to pay him fair value less what has been spent maintaining the road all these many years.

    It’s simpler and more honest to say the original owner ceded the property when he entrusted it to the county to maintain for his benefit and the benefit of the neighbors. That’s where the seven year deal comes into play. It also applies in lots of other situations where it would be reasonable to do so.

    We were promised our one cent sales tax would pay to pave roads and instead much of the money was diverted to other good causes other than the one it was justified on.

    David for faithful stewardship

  10. goforit on September 15th, 2010 7:46 pm

    Dear Mr. White
    Some people feel like you are doing a great job.
    Keep it up And

    How do you and the other commisioners put up with the few dis-gruntled whiners who constantly show their dissattisfaction with everything!!!!!

  11. Way-To-Go on September 15th, 2010 5:43 pm

    REGARDING: about time

    “Everybody else on fairground has already giving property for paving. He’s not loosing any usable land. This road was here before he bought the property. He’s not the first property on the road so he drives threw someone else’s property to get to his.”

    AMEN! to about time

    Many of us lived on this road years before this particular property owner moved in. Several of us are/were in the situation of “owing property on both sides of the road.” However, we never considered ourselves as :”owning the road.” Thank you, County Commissioners!!

  12. dnutjob on September 15th, 2010 3:05 pm

    Regarding David, I didnt say it wasnt valueble, I am talking about the land needed to put in the proper drainage in and yes all land is valuble they are not making anymore of it. It doesnt really matter though does it? except to the folks who drive the road huh?

  13. David Huie Green on September 15th, 2010 2:30 pm

    REGARDING:
    “If you are worried about him loosing valueble land go look at it, its not used and its overgrown .”

    Or to put it differently: It IS being used for transportation and thus has value that way. It benefits others.

    David thinking all land has value

  14. dnutjob on September 15th, 2010 10:36 am

    If you are worried about him loosing valueble land go look at it, its not used and its overgrown . I am for land owners rights, but if you are holding out because of a grudge, well shame on you. Like I said everyone who lives on a private rd knew it was private when they moved there, you do get to drive on the other roads your tax dollars pay for, so if u feel like you are getting so screwed MOVE!!!!!!!!!!!! Personal responsibility, why are all the governement divisions responsible for YOUR decisions? or your problems.

  15. Yella on September 15th, 2010 10:11 am

    I agree Resident! and Smalltowner is right…I bet they’d had his land alot sooner if they approached him right. Ive been bullied by the county before, it makes you stubborn. Because you can tell they don’t care about you.

  16. David Huie Green on September 15th, 2010 10:03 am

    another DUH moment.

    Finally the county recognizes the well established fact. Now let them open Roach Road back up on the same facts and pave it like they should have done ten or twenty years ago.

  17. Resident on September 15th, 2010 9:55 am

    Molinowinsagain!
    It shows accountability to finally accept the idea to pave this portion of a well-traveled road.
    Consider the tons of soil that have been dumped into the river and on to the bay
    from erosion and county fill dirt! Consider the safety of our school buses
    and those precious passengers that travel this route each day.
    Check the site out and you might agree. It is treacherous when the rains
    cease and the road is slick, eroded, and the ditches are deep. It looks great
    after the county trucks haul many loads of clay in there after every rain.
    Yes, the county has been maintaining this road for many years. All those years
    of soil that are dumped there every time it rains can be saved and the cost can
    be absorbed for this project.
    Please–CC’s, include the Cedartown Road in the same project! Both are projects that are well worth the outlay and will diminish the upkeep considerably.
    Way to go, Commissioners!

  18. about time on September 15th, 2010 9:42 am

    Everybody else on fairground has already giving property for paving. He’s not loosing any usable land. This road was here before he bought the property. He’s not the first property on the road so he drives threw someone else’s property to get to his.

  19. Dishearted on September 15th, 2010 9:33 am

    Oh,1 more thing I asked Mr.White and some of the County Road Dept heads about the 1cent sales tax for ROAD work ,they said because I live or a private road I dont count. (I like many others in the County still have to pay the tax)and any way most of the money that was advertised for road work goes to their other projects.another big LIE from our COUNTY Leaders.whats next, I guess we wont get kissed after they Rape us…..

  20. interested reader on September 15th, 2010 9:32 am

    Why can’t they do the same for Crest Lane off Sunshine Hill Road? This road is being maintained by the landowners on the road now and The Leaning Post Ranch. I pay my land taxes just like everyone else. The bad thing is that Commissioner White USED TO live on this road – so he KNOWS how bad it is! He also knows what the “issue” is on this road. So why can’t the County “assert ownership” of this road to?

  21. Dishearted on September 15th, 2010 9:23 am

    To Dnutjob: Dishearted here, The road is paved ,but its falling apart, partly because of drainage at the front of the main section ,the county wont even address the problem because they say its not their problem. but they oked the drainage plan,if the districts 1,2,3,4, were not in the city district 5 might get some help, but the City comes first I guess. Mr .White really doesnt care about us in dist 5. but he is really kissing someones butt. even if he sees this remark he thinks he is to good to answer our questions..

  22. smalltowner on September 15th, 2010 9:22 am

    Ummm, no, they do not have to maintain the road for the other citizens if they don’t let the county do it. They can block it off. They don’t have to let a soul on it. They have probably allowed it to keep peace. That very thing happened years ago in Cottage Hill. A very much used road got shut down by the landowner because the county tried this same crap with them. In Florida, if you ant access through someone’s land, you have to buy the easement. The county has been bullying this person for years. Would it be a good thing for it to be paved? Yes, but it’s his right to say no. And now all you guys are jumping up and down because you may get your road paved…but you aren’t the one getting your land stolen.

  23. mary on September 15th, 2010 9:15 am

    If they can do this than I agree w/ xpeecee…do the same @ Barrineau bridge!!

  24. Frank on September 15th, 2010 8:47 am

    I called the State on how to RE-CALL a C/Commish, It can’t be done under our current form of county Gov. system, SO WE ARE STUCK with White… REMEMBER HIS switch on the dog track vote…he did NOT have a dog in that fight, BUT HE CALLED for a re-vote. Sound fishy to anyone else? there is more “STINK IN THE AIR”…. I thinketh we need to call a TEA PARTY HERE….TWO MORE YEARS and we’re comeing after Mr. White.

    TICK-TOCK

  25. dnutjob on September 15th, 2010 8:33 am

    Oversight, no this section of the road is not paved, the county has 66′ of ROW past this and has been trying for years to get the land owner to give enough of thier land to pave it all the way through, but to no avail. And as far as his property going down in value it will go up if it is paved, due to the property now being on a paved road instead of dirt. Smalltowner, I f the land owner doesnt let the county maintain what is there then he is responsible for maintaining it for the other citizens who use it that is probably why he allows it. Dishearted, no the county is not accepting any more dirt roads for maintenance, and when you moved there was is private then? People do your homework, and yes I live on a private dirt road and yes 66′ of ROW was deeded to the county but it was never accepted so it is private, but I knew this when I bought it so I am willing to live with that. If most people relized what it cost to maintain a dirt road as to maintaining a paved road you would save so much money by paving it. Less dirt, labor, equipment and not to mention saving the water way on this road, how many tons of dirt have washed into the creek over the years?

  26. Cheryl on September 15th, 2010 8:23 am

    Would this “acquisition” have anything to do with ECUA’s new facility and their ability to “reach out” to new customers with additional right of ways? That’s the only reason I can see why the County would want to own the road. Or does it make any difference? I don’t know. I do know that the County only does what’s good for the them, no matter what.

  27. xpeecee on September 15th, 2010 8:07 am

    On the subject of County Commissioners – you would think they would read NorthEscambia News as a part of their “get in touch with the real world” morning activities every day. That is – assuming that they give a rip. Just saying…

  28. xpeecee on September 15th, 2010 8:01 am

    You would think our County Commissioner would respond to these questions. House cleaning is near. Just saying…

  29. shortcut taker on September 15th, 2010 7:49 am

    xpeecee, MY THOUGHTS EXACTLY!

  30. unreal on September 15th, 2010 7:46 am

    Sounds like stealing to me!!

    Your road is next.

  31. Dishearted on September 15th, 2010 7:27 am

    I live on a private road in Cantonment, We have been trying to get the County to maintain our road for over 20 years. but all we get from them is that is your problem not ours,( we pay the same property taxes that everyone is charged).the county thinks there dont stink but the people higher up will have a say about that.oh the County also says that we need to go through the MSBU process to get our roads up to County standards(which were 25 years ago) at a cost to us of over $1,000,000.00 per there rules..if I or anyone thats gets no County service has to pay the 15.565% property tax I sould get the same services that most everyone else gets..Lets take are County back from the ones that were suppose to help us.

  32. smalltowner on September 15th, 2010 7:09 am

    It’s trickery!! I don’t know how they sleep at night. I bet if the landowner had known all the rules, they wouldn’t have been maintaining anything on his land. The county does it deliberately.

  33. xpeecee on September 15th, 2010 6:46 am

    If the county can take this portion of Fairground road, because the county has maintained it for over seven years, why can’t they take the portion of road at the Barineau Park Road Bridge? Just saying…

  34. Oversight on September 15th, 2010 5:50 am

    Is this section of road paved? If not, then it should quickly be paved to demonstrate the county’s commitment. Also the owner of the property should have his property value reduced by the property apraiser due to loss of land.