Parish road dispute debated during police jury meeting

Published 12:01 am Tuesday, September 15, 2015

VIDALIA — After nearly an hour of discussion peppered with debate among audience members, the Concordia Parish Police Jury ultimately voted to table the issue of whether it would abandon a portion of Ferguson Road.

The abandonment of a portion of the road in Clayton has been an ongoing issue in the parish, and the jury voted to table the matter after Juror Joe Parker said he would like time to further research the issue.

Seven Tensas Parish landowners voiced opposition of the abandonment, arguing the road did not meet the criteria to allow for its abandonment and that they need access to the road through Concordia Parish to get to their property.

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Portions of the road cross both Concordia and Tensas parishes.

Concordia Parish abandoned a portion of Ferguson Road at the request of landowner Walter Davis more than a decade ago. In a subsequent lawsuit, however, a judge overturned the abandonment, ruling the police jury did not give proper notice of the public hearings prior to the abandonment.

Police Jury President Melvin Ferrington said the jury usually does not abandon a road if a resident objects. Ferrington rationalized the jury’s previous decision by pointing out that there were no objections, but admitted proper notice was not given to landowners.

The opposing landowners said they would have appeared at meetings to object but did not know such meetings had been scheduled.

“We didn’t even know (a portion of the road) was being abandoned,” said Bobby Osborn, who is the only full-time Ferguson Road resident who spoke at the meeting.

Other part-time landowners have hunting camps on the road.

Ferguson Road landowner and attorney Richard Zimmerman presented the police jury with a state Attorney General’s opinion calling the police jury’s abandonment of the road “questionable.”

In order for the police jury to abandon the road or a portion of it, the jury must determine whether it is no longer of public use.

Concordia Parish Assistant District Attorney Ann Siddall said the Attorney General’s opinion is only an opinion and the jury is not legally bound to it.

Siddall asked a series of questions to the jury about whether schools, parks, businesses or other public-use facilities were located on Ferguson Road. The jury concluded there were none.

Richie Zimmerman provided a list of dozens of people he has seen use the road in the past year. He said he did not believe the manner of use of the road was of importance, just that the road was being used by members of the public. Zimmerman said he and his family have used the road for years to access their Ferguson Road property.

“We keep talking about what the road us used for … the question, to me, is whether it’s being used, not what it’s being used for,” he said. “The real question is whether the road is being used at all … and it is.”

Juror Parker said he is most worried about Osborn’s access to his residence, since he is a full-time resident on Ferguson Road.

Osborn’s father was given a right-of-way by Davis to access his property.

When asked by the jury at Monday’s meeting if that same right-of-way would be extended to Osborn if the road was abandoned, Davis said “absolutely.”

Osborn said, however, Davis has locked him out of his property on multiple occasions, as recently as last month.

Back-and-forth debating between the two sides was shut down by Ferrington, he said, in the interest of time.

Jurors Whest Shirley and Jerry Beatty said money to maintain the road is also a factor in the matter. Parish engineers have determined it would cost approximately $36,000 to fix the road, plus ongoing maintenance costs.

“What I’m worried about is I have people I represent who when it rains a little bit can’t get into their houses, and my position is that it’s hard for me to spend all that money on that road when you don’t have one Concordia Parish house on it.”

If the portion of Ferguson Road is ultimately abandoned again, Letard said Davis plans to ask for payment from landowners to use the property.

Richard Zimmerman said Davis previously told the opposing landowners they would each have to pay $20,000 to use the road.

Landowner Keith Richardson said he did not understand how the parish could abandon the road for Davis’ personal financial gain.

“I just don’t see why you would do that,” he said.

Siddall also pointed out that because a judge declared the parish’s previous abandonment null, the parish is now liable for any accidents on that portion of the road.

Ferrington cited the liability as a reason the jury needs to move quickly on the matter.

The jury voted to take up the matter at its Sept. 28 meeting.

In other news from the meeting:

4The jury voted to send a resolution of support to Riverland Medical Center’s board of trustees stating the jury’s support for the hospital to remain in Ferriday.

Parker made the motion and said the parish-owned hospital is in its third feasibility study to determine whether it should remain located in Ferriday.