County says it cannot re-open road for landlocked landowner

• County Commissioners at their June 5 meeting for help in accessing her land by re-opening the end of County Road 1131. That portion of the road was removed from the official list of county roads made in 2011. County Judge Linda Grant told Hardy the county cannot take back that land since it no longer belongs to the county and reverted to the prior owners. Photo by Roxanne Thompson/Fairfield Recorder

Freestone County Commissioners Court turned down a request from a landlocked property owner to re-open the end of County Road 1131 so she could access her land.

The court made this move at its June 5 meeting, when the commissioners also told a construction company to put up bonds on roads it would cross; took a discretionary exemption on obtaining bids to rebuild a bridge; approved the annual bid list; and made other decisions concerning the county’s finances and well-being.

Austin resident Marilyn Hardy, who is the majority owner of a landlocked property in Freestone County, attended the meeting to request that the end of County Road 1131 be re-opened.

It was closed years ago and is not on the official list of county roads that was established in 2011.

Precinct 1 Commissioner Andy Bonner said the road was closed around 50 years ago and a twoyear grace period to dispute the closure was given when the 2011 road list was established.

Hardy requested help because she is currently being denied access to the property. She said when she walked on adjoining land to access and inspect her property, someone called the police. She said she offered to pay the neighboring landowners for access but was denied by all of them.

County Judge Linda Grant explained that ownership of the former end of CR1131 reverted to the adjacent property owners, so the county does not have the option to re-open the road.

“That closure should not preclude me (from) forever being able to recognize some of the benefits of my property ownership,” Hardy said.

She said she would like to lease out the property and take an ag exemption but cannot do so without access to the property.

“Am I to forever be locked out of my property?” Hardy asked, noting that she has paid full taxes for 25 years.

“The way that reads is that we don’t have the right to that road once that map was adopted in 2011,” Precinct 3 Commissioner Lloyd Lane said.

“We don’t have the right to spend money on a road that has not been approved as part of that map,” Grant added. “Our opinion is that we don’t have the right to do that.”

She advised Hardy to obtain an attorney to get legal advice and find out what her options were.

After the meeting, Hardy said she was disappointed in the court’s decision but was working with an attorney on the matter.”