Ben Road

The first Town of James Island accepted Ben Road into the Town's Road Maintenance system.   We have 7 other earth roads, and Ben Road would make eight.   However, when the first town was closed down by the City' of Charleston's first suit, the county refused to recognize the Town's acceptance of Ben Road.    And so, Ben Road returned to the status of "community road."  

When I was on Town Council in the second town, I heard nothing about this.   And as far as I know, the previous administration for the third town was not made aware of what the first town did either.   We have been treating Ben Road as a community road.

I think it is time to recognize the action of the first town.

Unlike other community roads, the plat for the properties around Ben Road show a 50 foot easement that is dedicated to the public.    For the typical community road, the plats either don't show the road, or show it following various property lines, with the road divided more or less down the center.   The right half of the road belongs to the property owner of the right side, and the left half of the road belongs to the property owner on the left side.   Sometimes a community road will cut through a property owner's land.   That segment of the road is entirely owned by that property owner.

It is my goal to obtain easements dedicated to the public for all community roads.   What we want is the standard 50 foot easement.   We are asking the property owners on those community roads to give these easements too the town.   When we have such easements for a community road, or even a significant segment, we will accept those roads into the Town's maintenance system (with approval of Town Council.)  

The town will accept responsibility for maintaining these roads in their existing state.   As funds become available, we will work to improve those roads, starting with bringing them up to the level of standard earth roads.

Currently, any public maintenance of community roads is legally suspect.   I think it is obvious that there is a significant difference between the typical community road on James Island, and a private road in a gated community.    It is not, however, clear that judges will agree.    We need to fix this problem.   And we are working on it.

Ben Road, however, already has a 50 foot easement dedicated to the public.   The first Town of James Island accepted it.   With the approval of Town Council, I want to recognize that Ben Road is the Town's 8th earth road, and start taking care of it.