Court holds hearings on roads, free enterprise zone
By SHARON KERR Staff Writer

The Jasper County Commissioners Court held hearings for the free enterprise zone for the new Tiger Truck plant and for the proposed official county road map last Wednesday, April 18.

The free enterprise zone gives new businesses tax advantages and incentives to defray their startup costs, according to Tom McClurg of the Jasper Economic Development Corporation (JEDCO). He reported that Tiger Truck is expected to make an $18 million initial investment in Jasper, $5 million of which will be payroll.

Tiger Truck is in the process of setting up the plant and hiring key training positions now. The company anticipates hiring more workers in the fall and having a grand opening when they go into full production in January of 2008.

Precinct 3 Commissioner Willie Stark said it was welcome news that Tiger Truck will add 100 new jobs, "and that's a lot for this area."

No objections were raised; the next step in the process will be for the court to vote on the free enterprise zone at the May 14 meeting.

The hearing on roads began with an extended explanation by Robert Bass of Allison, Bass and Associates, the company hired by the court to establish an official map of county-maintained roads.

Earlier in the year, the county published a list of road numbers in the tax notices. The hearing last week was a public opportunity for people to dispute the designation, whether they believed their road should be added to or deleted from that list.

"We're not trying to take anyone's land or impose any extra burden on anyone," Bass said.

He explained that the county road system, which developed over time, did not maintain records back to when some roads came into existence.

Currently a road can only be designated a county road by three means: 1. voluntary easement dedicated by the owner and filed with the city clerk; 2. acquired through purchase either by deed and agreement of owner or by eminent domain; 3. prescriptive easement, in which the road has been in existence and the county maintaining it since 1981 or earlier.

It is the third category that the legislature is attempting to clarify by requiring counties with a population of less than 50,000 to publish and hold hearings on their list of county-maintained roads.

If any county roads are challenged, the court must appoint a special jury to hear testimony, examine records and decide. The county set June 20 as the review date to convene and hear evidence for any disputed roads. In such cases, the county bears the burden of proof.

Once the county adopts a final map (estimated date: July 18), landowners still have two years to appeal.

Landowners raised several questions, including what is the standard width of a roadway.

"However wide it is on the ground," was Bass'reply. He explained that case law refers to the "beaten path," the traveled portion of the roadway, plus whatever area on either size is necessary for maintenance of the roadway and public utilities.

Owners also questioned whether a road across their land affected mineral rights. Bass replied no, the right of way is for surface maintenance only. He said that courts have also disallowed timber harvesting.

The scaled map of all county roads is available to view at the Jasper County courthouse. To date, several protests have been filed, some of which have been resolved by mutual agreement between the owners and the precinct commissioners.