Judge rules in favor of landowner over gated county road
Randolph County Circuit Judge Steve Perryman has denied an appeal by Randolph County Commission and several landowners that continue blocking a county road with a locked gate.
According to a ruling from the judge, the defendants in the case want the gate to remain and block access to some property leased by Tallapoosa Timberlands, Tallapoosa River Hunting Club and Twilley Resource Management. Landowner and plaintiff Jeff Landrum filed the original suit in 2017 and stated he is landlocked and not able to access his property on Crooked Creek and the Tallapoosa River. The road in question is County Road 968 off County Road 5 near Cragford but in Randolph County.
In a ruling by Judge Perryman, it was noted the road is a public road, but not all public roads are county roads. The judge said the county’s actions regarding the road cannot be ignored. In the order the judge ruled that county road signage has been placed and replaced on the road designating it as a county road. It notes the road is designated by a three digit number and not a four digit number. Lastly, the road is listed as a county road on the county’s own mapping system. There is no record of the county taking any action to legally change the status of the road, so therefore 968 is a county road. The order was issued in April of this year.
In May, the same defendants, including Randolph County Commission, filed a 34-page appeal to the ruling. Last Tuesday, Judge Perryman issued an order on the appeal. In the order, the judge stated the plaintiff Jeff Landrum had proved the road in question is subject to public dedication. “The owners never removed the sign or asked for its removal,” the judge said. “It was proven based on evidence, the landowners and the county accepted the dedication by placing and replacing the County Road 968 signs and a stop sign on the road.”
The order goes on to say the plaintiff’s request to remove the gate be granted and landowners/defendants have 10 days to remove the gate. The order goes on to say if the gate is not removed within a 10-day period from the date of the recent order, Randolph County Sheriff’s Department will assist in the removal of the gate. In the event the gate is not removed, sanctions may be placed in favor of the plaintiff, which could include attorney’s fees.
The judge stated County Road 968 is a county road and begins at County Road 5 and ends at a certain point at or near the Tallapoosa River. Landrum said on Sunday afternoon, the gate was still in place, but the lock had been removed. It is not known if the case is closed or will be appealed to higher court by the defendants, including Randolph County Commission.
County Road 968
