Published: April 25, 2006 04:07 pm      

'Roads to nowhere' closings debated

Commissioners table motion to close County Road 289

Commissioners hit a bump in the road Monday when deciding whether to close a little-used county road.

At the Cooke County Commissioners Court meeting Monday, several items concerning road materials, equipment — even the closing of two roads and the shortening of one — were on the agenda.

Two public hearings were held during the meeting concerning the closings of County Road 289 and 1003. County Road 1003 was closed by a unanimous vote. The decision regarding County Road 289 was tabled.

“This is a road that’s never used, unless it’s raining, then you get four-wheelers,” said Precinct 2 Commissioner Bill Cox, who recommended closing County Road 289, an “L” shaped sandy soil and gravel road west of Harpole Road and near Lake Ray Roberts in southeastern Cooke County.

Cox said he and his crew find garbage along the road on a regular basis, including several needles that he suspected could have been used in illegal drug activity.

Families who own property near or along the road signed affidavits favoring the closure.

Glenda Leckinger, a resident whose property adjoins the 6/10 mile roadway, spoke for closure. She said the road encircles the south and west boundaries of her land.

She spoke against continuing to maintain the road as a public roadway for “the fact that the road goes nowhere and is no attraction.”

She said the road has become a magnet for loiterers and “mudders” who use the road for recreational purposes after rainfall. She later noted a man in a red 4x4 pickup who “goes mudding” after rainstorms.

“And it’s generally 1 or 2 in the morning, which is very nice of him,” she said, of the recreational driver.

Leckinger said there are no homeowners who use the road as their primary entrance. She said her property has access to FM 922.

Attorney Byron Berry represented William Stewart and Deloris Baxter, farmers from Tioga who use the land for cattle grazing.

William Baxter said he uses the road every day to check on his herd of 200 mother cows on the 495 acres. He said he seldom finds trash along the road.

Cox said quietly, “Not true.”

Berry said the issue is best left to law enforcement agencies.

“This attempt at closing the road is more of a call for the county attorney to prosecute dumpers,” Berry said.

Freeman said with 800 miles of roadway to cover, the Sheriff’s Department would not be able to keep a very close watch on the road, especially since it is not used often.

Berry said the road was earmarked for closing five years ago.

He also noted the public notice for the closing of the road mentioned “closure” or “discontinuance” as options. He said the agenda did not mention discontinuance as an option. Berry said there could be legal complications if the commissioners voted to close the road.

In an interview Monday afternoon, Berry said by closing a road, each property owner with frontage would be given the property to the center of the road. He said, however, this could open up opportunities for other parties to file legal injunctions against the closure. Also, property owners can seek legal options to be compensated for the loss of value associated with the closing of the road.

Berry added the costs may be greater to close a road than it would be to run a road grader across the road periodically.

Baxter said he appreciated work done by Cox’s road crew in previous years to repair his fence after workers inadvertently bulldozed it.

Precinct 2 Commissioner Gary Hollowell said “It concerns me when we close a road for that reason — we give in to the criminal element.”

Precinct 3 Commissioner Al Smith said he had “great empathy” for both sides and wondered if the economic value would be affected if the road were closed.

“It’s very hard to open a road once you’ve closed it,” Smith said.

Freeman asked Baxter if he would prefer a gate be placed at the entrances of County Road 289. Baxter indicated he would not want to go through the process of opening the gate to the road and then having to open another gate at his property.

The commissioners voted to table the item in order to explore other options for the road.

The closing of County Road 1003 “was two different things entirely,” Hollowell noted.

Within three minutes, Russell Duncan, the legal counsel for residents along the road, which is a small 700-feet-long gravel drive north of Callisburg at the bend of County Road 104. Residents wish to make the road a private drive, Russell said at a prior meeting.

Duncan said there are no houses on the short road and there would be no landlocked property. All property owners have signed a petiton to have it closed, he said.

In other roads business, Don Brown, a resident of Triangle Road, approached the Commissioners about shortening Triangle Road, which is located east of Valley View on FM 922 near Lake Ray Roberts.

Brown said he lives at the south end of the cul-de-sac-style “turnaround” of the road, which used to be longer until the lake was built in the mid-’80s.

He said he and his wife had safety concerns for their home, which is 25 feet from the road. He said they would like to re-build the turnaround, which dead-ends at U.S. Army Corps of Engineers property.

Precinct 2 Commissioner Bill Cox said the Corps of Engineers would have to approve of the plan.

The Commissioners set a date of May 22 — a regular meeting of the County Commissioners — for a hearing on the shortening.

Freeman said in an interview closing or otherwise altering a county road is a difficult process if there is even one property owner in opposition.

“I think the court finds it very difficult to close a road if you have property owners who are on the road who do not want it closed,” he said.

Freeman said if a property owner would like an adjoining “obsolete” road closed or discontinued, the first step is to contact the County Commissioners. Then that person’s commissioner places the request on the agenda for a County Commissioners meeting.

The Commissioners then set a hearing date. A petition is then posted at each end of the road to be closed and a petition is posted at the courthouse.

On the other end of the spectrum, Freeman said, building and opening a new road is a rarity.

“We haven’t opened a new road in years -- except for subdivision roads that were already built,” he said.

Reporter Andy Hogue may be contacted at andyhoguegdr@ntin.net