Right-of-way tug-of-war
Published 12:00 am Thursday, October 25, 2018
- Iberia Parish Councilman Brian Napier, left, asks a question during the IPC meeting Wednesday night.
The Iberia Parish Council unanimously voted to deny a request to abandon an avenue in Candlestick Park Subdivision after a request to abandon it was made by three residents at Wednesday’s meeting.
The council’s decision reinforced a decision made by the Iberia Parish Regional Planning Commission at its last meeting. Karen Lightfoot, Edward Thibodeaux, Johnny Miller and Steve Myers had requested the right-of-way be abandoned.
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The right-of-way in question was referred to as Avenue A in the subdivision, which the IPC had to vote on whether or not to keep. The property was requested to be abandoned, meaning it would change from public to private.
“You guys as the legislative body have the authority to abandon a property,” Planning Director Sara Gary said at the meeting. “In this case, they have petitioned to abandon the right-of-way.
“If you abandon it state law says that on a 60 foot right-of-way, 30 feet will go to one side of the right-of-way and 30 to the other side. It will become private property. It’s no longer for public use.”
Gary said the Iberia Regional Planning Commission voted to deny abandoning the property because another nearby right-of-way was already abandoned, and if future growth occurred in the area it would limit options for drivers and residents.
“To add to what she’s saying, there’s also a public safety issue,” legal counsel Andy Shealy said. “It’s not just traffic access. It’s if there’s a major disaster in that area, the more ways you can get in and out for firs- responders is more beneficial.
Some of those who wanted the property abandoned had been taking care of the property as well.
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“From their perspective, I think they felt nothing’s been done with it and they figured nothing ever would be,” Gary said.
“We have to look at it now and in the future. If it goes now we won’t have the capability to get it back.”
Derek Dugas, who owns the property behind Candlestick Subdivision, said he has plans to subdivide the property and has been working with those living in the area to absorb the Avenue A right-of-way.
There also were access issues for some residents. Another property owner, Ronald Prioux, said there has been long-standing traffic access issues in the area for years and he’s had trouble getting access to his property.
The council voted unanimously against abandoning the property.
“That particular right of way may become important from a planning perspective on being able to develop residential property,” Shealy said.