County gains eight roads, goes to court over another

Homeowners in two different subdivisions asked County Commissioner Bebe Heiskell, during a Nov. 17 public meeting, to accept a total of eight private roads as part of the county road system.

During that same meeting, Heiskell signed the necessary paperwork to reclaim two parcels of Lookout Mountain land — about 2.46 acres — that will serve as a public trail.

Stanley Lowe, of Hixson, Tenn., said he has owned one of the parcels being claimed by imminent domain for about 20 years.

“Vulcan Drive ends at our property line,” he said. “”We didn’t want a trail running through our property.

“I state in the meeting that this was an inappropriate use of eminent domain in this particular instance.”

Condemnation is the legal vehicle for exercising the concept of eminent domain, the law that holds all land belongs to the state and can be taken back when an appropriate public need is proved, according to County Attorney Don Oliver.

As part of the process, the county will compensate the land owners in the amount of $19,595 as established by appraiser C.E. “Skip” Rominger.

In a press release, Oliver provided a brief history of the property, its acquisition by the county as public land and the dispute over access and use of this ribbon of land, once used by the Durham Railroad to carry coal from the Durham community to the Chickamauga coke ovens.

“Since the 1950s Walker County has maintained a section of the Old Durham Rail line as a ‘public’ and ‘county’ road known as South Vulcan Drive. Walker County has ownership of South Vulcan Drive via prescriptive title by and through maintenance of South Vulcan Drive from Vulcan Road south beyond the “O’Neal Tract”, Tax Parcel 0002 006, in Land Lot 264. South of Parcel 0002 006, Walker County has received from the current property owners fee simple deeded title to the railroad corridor and/or substitute route all the way to Cloudland Canyon State Park at Durham Road, and maintains that public roadway as a public trail, with no public vehicular access.

“On Oct. 8, 1890, H.M. Miller, who at that time owned the entire Land Lot 264, deeded in fee simple to the Railroad Company, a 66-foot wide corridor through Land Lot 264, north to south. Over the next 100 years, Land Lot 264 was divided among numerous owners.

“After decades of ownership by the O’Neal family, their tract was recently purchased by Tennessee residents, Jill Wyse and Stanley Lowe. They own property next door and were aware of Walker County’s claim when they purchased this tract.

“On or about March 9, 1979, the Railroad deeded the rail corridor to the Georgia Conservancy, and on or about February 21, 1981, the Georgia Conservancy deeded the Railroad corridor to Walker County. These deeds were all promptly recorded and everyone is on notice of them as a matter of public record. Via the deeded chain of title, the 66 foot wide rail corridor in Land Lot 264 is still owned by Walker County, separate and apart from its prescriptive ownership by virtue of the corridor being maintained as a “county road” for over 50 years.

“From the 1970s thru the 1990s, South Vulcan Drive, particularly around and south of Trestle #14, began to regularly be used as a place to dump used cars, appliances and garbage, as well as being used as an isolated spot for drug related activities and other illegal purposes.

“On or about mid-summer of 2002, Walker County and local property owners received a request from Gaston Raoul who owned property around and south of Trestle #14 immediately south of the O’Neal tract, to be allowed to