2/24/1987 - Laserfiche WebLink

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FEB 24 1987 BOOK 67 pnE399 Planner David Nearing advised that the lots in Summerplace Subdivision are 70 feet wide. Commissioner Bird was concerned about giving away a lot of this size, and wondered if it was a buildable lot. Mr. Nearing explained that piece would not become a lot. By law, once a right-of-way is abandoned, 500 of the right-of-way goes to each adjacent property owner, which is where it was removed from when the plat was created. This is County property, which was given to us for a specific purpose, and since it is no longer deemed necessary for that purpose, it will go back on the tax rolls. Attorney Vitunac explained that our standard procedure is just to abandon whatever county interest there is and let the adjoining property owners or developer fight it out, and if they need quit claim deeds jointly to establish title, that becomes their problem. Otherwise, every time we abandon one, it would mean a title search and perhaps litigation with the property owners. Commissioner Bowman felt that sometimes it would be worth doing a title search, especially when waterfront property is concerned. Attorney Michael O'Haire, although not representing the applicant, wished to point out that the county actually is not giving away anything of value. In 9 cases out of 10 when you have a dedication in a plat, the County does not own this real estate; they simply have an easement for utilities, ingress, egress, etc., and when you lay the easement over the value of that property, it destroys the tax value. The owners of the fee, the adjacent owners, own underneath the easement, and if the county cannot use it for access, then all it is giving up is the right to use it for that specific purpose. Chairman Scurlock asked how it is handled when the County has purchased the right-of-way, and Attorney O'Haire advised that usually you buy the fee.