NEW JASPER TOWNSHIP — Greene County commissioners approved the vacation of a portion of Old Waynesville-Jamestown Road in New Jasper Township after a contentious public hearing last week.
The commissioners met June 1 to discuss and consider vacating the road, which appeared to have been vacated in the 1950s but never recorded according to officials. At the center of the discussion was access to a 3.5-acre plot near Old Waynesville-Jamestown Road and the current Waynesville-Jamestown Road owned by Sandra Root.
Root accesses that portion of her property via land owned by Tim Hart. Vacating the portion of the old road — which has about 15 feet of right of way on each side — would remove an easement allowing Root to cross over Hart’s property.
Hart and his attorney, Phil Hoover, expressed concerns over what they called the trespassing of Root onto his property in order to maintain an area near Root’s wedding venue business.
Root, her attorney Alan Schaeffer, and a structural engineer said the only other way to access the small part of her land is by building a bridge — estimated to cost nearly $100,000 — over a creek that runs through the land. Schaeffer asked that the BOCC grant a partial vacation and reserve a permanent easement to ensure appropriate access to Root’s property and in return, Root would convey 3.5 acres of land to Hart so he would not lose any of his property.
At one point after the public hearing, Root was asked by Commission President Rick Perales to refrain from making comments “out of turn” as she had already been given a chance to speak. After repeated requests from Perales for silence, Perales asked Deputy Sheriff Doug Doherty to escort Root from the meeting.
County Engineer Stephanie Goff also gave a short presentation, explaining the history of that area and the previous attempt at vacating the road. She recommended approval of a complete vacation.
Commissioners held a brief discussion prior to the 3-0 vote to vacate.
“We are a creature of statute,” Perales said, referencing laws in place regarding land vacation. “We are not a court of law.”
Commissioner Tom Koogler said the board should not be involved in what is a civil issue.
“It’s two landowners that need to get together and try to solve the problem between themselves,” he said.
Immediately following the adjournment of the meeting, Schaeffer told the commissioners he would file an administrative appeal in Greene County Common Pleas Court.
Reach Karen Rase at 937-502-4534.
