Commissioners say county cannot maintain unnamed private road unless owners deed it to county
Summary
After a constituent request, commissioners reviewed whether county equipment may be used on an unnamed private road and were advised by ACCG guidance that the county cannot perform maintenance on non‑county roads unless the property is deeded to the county.
MILLER COUNTY, Ga. — The Miller County Board of Commissioners discussed July 14 a constituent request to maintain an unnamed road in Commissioner Keith’s district and were advised by county staff that the county cannot use road department equipment on property it does not own. Staff said they consulted the Association County Commissioners of Georgia (ACCG), which advised against using county equipment on privately owned roads because of the state constitution’s gratuity clause. County staff said the proper remedy is for property owners to deed a road to the county; once deeded, the road can be accepted as county property and maintained. Commissioners noted that owners of the unnamed road would need to coordinate among themselves — the staff indicated two or three adjoining owners likely would need to agree to deed the road. No formal action was taken; staff said the county will prepare procedures and work with the state to ensure county road inventories match state records.
