Alabama Senate Bill SB197

Alabama 2024 Regular Session

• Introduced: 3/6/24
• Refer: 3/6/24

Caption

Winston County; former county road in Tidwells Yellow Creek Subdivision No. 2 intersecting Lewis Smith Lake, road vacated, constitutional amendment.

Impact

The proposed amendment would have implications for state laws concerning land ownership and local governmental authority. By transferring the ownership of the vacated road back to landowners rather than maintaining it as a public thoroughfare, this bill streamlines property management in the affected area. It is anticipated that this could facilitate development or alterations by property owners without navigating the complexities associated with public road maintenance or usage regulations.

Summary

Senate Bill 197 (SB197) proposes a constitutional amendment concerning a specific portion of former Winston County Road 1. The bill aims to vacate the section of the road that existed prior to the creation of Lewis Smith Lake, effectively closing and abandoning this road and any adjacent rights-of-way. This measure is deemed important for property owners in the area, as it seeks to vest ownership of the vacated land in the abutting landowners, removing any public rights and liabilities from Winston County concerning this portion of the road.

Contention

While SB197 focuses on a localized issue in Winston County, it could raise questions about the precedent set for other localities regarding the vacation of public roads and the associated rights. Stakeholders, particularly property owners, may support such amendments as essential for personal development. However, there could be opposition from those who feel that vacating public roads reduces community access and future public use, meriting a careful examination of the balance between private property rights and communal benefits.