HIAWASSEE, Ga. – A public hearing on the county abandoment of Olin Hughes Road, listed on the Department of Transportation’s mapping system as County Road 38, was held at the Towns County Courthouse, Aug. 20. Towns County Attorney Robb Kiker joined Towns County Commissioner Cliff Bradshaw to discuss the matter.
“There’s two ways that roads become county roads,” Attorney Kiker began.”It’s by dedication which is by deed, or court order, eminent domains, or something of that nature. The other one is called implied access. Implied access is when the public starts using an access and the county starts maintaining that access, and actually, many of our roads have been established that way for public roads. So in a dedication situation, a road is a road is a road. It will always remain a road until such time as there’s a deed coming out of the county, or some other action coming out of the county, to close a road. Implied access only continues so long as the public uses a road and the county maintains a road. Once those matters cease, then that road then becomes subject to closure, being taken off the county road system and the maps for the Department of Transportation. This road meets the second criteria of implied dedication. According to our records, there has not been any maintenance of this road for at least 30 years, both in records and recollection, nor use of the county road by the public or for public purpose at least that long.”
Becky Landress speaks against the road abandonment at the public hearing.
The floor was opened for public comment following Kiker’s explaination. Becky Landress, a property owner with land bordering Olin Hughes Road, opposed county abandoment based on public use. Landress said that a third of her property adjoins Olin Hughes Road, and that allowing the road to be privatized will prevent future access, denying an alternate route to-and-from the residence. Landress claimed that issues arose following the deaths of Olin and Lois Hughes, with the sons of the late couple erecting barriers to restrict travel. “We are the public,” Landress asserted. Landress was accompanied to the meeting by husband, John, who mentioned that the road is traveled by the public to reach Hughes Sorghum Syrup Mill.
Cecil Hughes countered the argument, stating that the road has been solely maintained by the Hughes’ family since adjacent property was purchased in 1957, adding that his father had supplied the needed gravel and culverts. “It’s always been private,” Hughes said. It was noted by Terry Hughes that the road does not have a mail delivery nor school bus route, further implying that the road is not public.
Both Landress and Hughes provided the county with photographs of the area in question to present their opposing stance.
Olin Hughes Road is located in Young Harris.
Towns County Road Superintendent Clyde Shook was briefly questioned by Attorney Kiker, with Shook unable to recall repairs to Olin Hughes Road in his 42 years of county service.
Commissioner Bradshaw tabled a decision, stating that he plans to give the matter additional consideration. Future meetings pertaining to the potential road abandonment will be publicly announced.
Feature Image: (L-R) Towns County Attorney Robb Kiker, Towns County Commissioner Cliff Bradshaw, and Cecil Hughes, a proponent of the road’s abandonment.
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