Corn farmers in Windsor have filed a civil action to close and abandon portions of two unpaved roads in Aiken County along their property, saying they are being vandalized and speeding has become an issue, but at least one resident has said the closure would inconvenience nearby residents.
The road abandonment action was filed March 10 in the Court of Common Pleas.
The plaintiffs are named as Canadian River Farms Ltd., Colt Farms Inc., B C Farms Inc., now known as B C Farms of South Carolina Inc. and Outback Farms Ltd. The defendants are named as Becky J. Gonshorowksi, South Carolina Department of Transportation and Aiken County, South Carolina.
A hearing on the case is scheduled to be held before the Master in Equity at 10 a.m. today in his office at Park Avenue, according to court records. The complaint demands a non-jury trial.
According to the action, each farm owns an undivided percentage interest in property abutting the roads that are proposed to be abandoned and closed together with the remaining plaintiffs.
Gonshorowksi and DOT are abutting property owners whose property would be affected by the abandonment and closure of the roads and Aiken County is named as a party in the action because it currently maintains the roads as a part of its roadway system "despite the fact that there is no formal dedicated right of way to the County," it states.
The plaintiffs are seeking permanent closure and abandonment of public, county-maintained roads, states the document.
This includes "all that certain portion of unpaved county roadway, Oak Ridge Club Road, located between Charleston Highway, or U.S. Highway 78, and Cedar Branch Road, being 10,576 linear feet more, or less," according to the complaint.
Also, "together with all that certain portion of unpaved county roadway Old Bell Road, located between Oak Ridge Club Road and Weyerhaeuser Road, being 6,034 linear feet, more or less," it states.
6,034 linear feet equals around 1.14 miles and 10,576 linear feet equals around 2 miles.
The plaintiffs ask in the complaint that the portions of the roads be "forever abandoned, discontinued, vacated and closed as public County-maintained roads and that the maintenance of such roads by the County be terminated; that fee simple title to the road be vested in the owners of the property over which the roads pass; and for such and further relief the court may deem just and proper."
According to state law, Chapter 9, Section 57, "any person, the state or its political subdivisions may petition a court to abandon or close any street, road or highway, whether opened or not."
Before filing the petition, the law states, notice of intention to file must be published once a week for three consecutive weeks in a newspaper published in the county where the road, street or highway is situated.
The complaint shows a notice of filing petition for abandonment was published once a week for three consecutive weeks in the Aiken Standard on Feb. 16, Feb. 23 and March 1.
Notice also has to be sent by mail requiring a return receipt to all abutting property owners that would be affected by the change, the law says. These also are shown in the complaint.
In the action, the plaintiffs state they believe it is in the "best interests of all concerned" that the roads be abandoned and closed because they are experiencing vandalism to their property adjoining the roads, which they say would likely be mitigated if the roads were abandoned and closed. The property shown is 1,853.25 acres.
Plaintiffs also state traffic is driving down the roads at an "extremely high and dangerous rate of speed that is well in excess of the posted speed limit" and states given the number of slow moving farm machines that cross the roads between the fields, a "severe and tragic accident is imminent," according to the document.
The plaintiffs say the closure of the roads will not deny any land owner access to their property and Aiken County would be "freed of the burden and responsibility to maintain the roads, particularly given that is has no dedicated right of way for the roads."
Carolyn Barrett, a resident on Old Bell Road, has lived in the area since 1995. She told the newspaper if the bottom section of Old Bell Road is closed, she would live on a dead-end street.
"We would have no quick access to Highway 78 and we would actually have problems coming and going from Windsor," she said. "It's not a dead-end street. We use the road to go to Windsor. We use the road to go to the state park. ... To go around it, it's several miles."
She is also worried about the amount of time it would take emergency vehicles to get to residents if it were closed. Barrett said of her neighbors, "nobody wants the road closed."
Court records show Barrett filed a letter March 15 regarding the road closure that said approximately 50 residents don't want the road closed or taken away.
The potential road closures are adding to the growing concerns from Windsor residents about commercial farming in the area, said Barrett.
She also mentioned Walther Farms, a Michigan-based potato farm also in Windsor that previously caused environmental concerns due to plans to annually withdraw billions of gallons of water from the South Edisto River. A compromise in January 2014 cut the irrigation level, the newspaper previously reported.
The road closures, however, are the most pressing issue, Barrett said.
Tyler Stone, an independent contractor for the plaintiffs named in the road abandonment complaint, said the farmers are separate entities from Walther Farms.
Stone said they are corn farmers and are growing most of the corn for Amick Farms near Monetta.
Attorney for the plaintiffs, Mary Guynn, did not comment on the pending litigation.
Stone said the plaintiffs made the decision to seek closure late last year because people have been dumping trash and tires, as well as doing doughnuts in the field and trespassing in the fields on the dirt roads. He also reiterated that speeding is a real concern from a safety standpoint and a liability for farmers.
"They are concerned that at some point, somebody is going to hit a piece of farm equipment, a piece of irrigation equipment and somebody is going to get hurt," Stone said.
Barrett disagrees.
"It's all the equipment; the people that are working on the farm is the problem," she said. "Residents don't speed on that road."
Aiken County Attorney Jim Holly said County Council passed a resolution in February that stated it did not object to the roads being closed.
They are roads that the county traditionally maintained and the public has used, Holly said. Part of the resolution also states "motorists have alternative means of traversing the area."
In an answer to the complaint filed on April 19, the County states it has no objection to the relief sought in the complaint and prays the court "inquire into the matters raised in this action and issue such orders and judgment as it determines is supported by the law and facts."
In a letter filed April 7, Gonshorowski writes to Guynn she agrees with paragraph six of the complaint that states she is an abutting property owner whose property would be affected by the abandonment and closure of the roads but wrote she does not agree with paragraph 15 of the complaint, which lists the plaintiffs' reasons why the roads should be closed.
"It is not in my best interest that the roads be abandoned and closed," she wrote. "That would change a way of life I have had for over 40 years. I will also be losing property value because of losing a substantial amount of road frontage. Also, closing the roads will change the way my home is accessed. Therefore, in my best interest, the road should stay open."
SCDOT said in its answer filed on April 20, it lacks sufficient information either to admit or deny the allegations of the complaint, later stating the agency does not "claim any interest in the subject road and interposes no objection to this road closure action." It states DOT prays the court issue whatever order it deems in the best interest of all concerned.
Christina Cleveland is the county government reporter at the Aiken Standard. Follow her on Twitter @ChristinaNCleve.