Commissioners Approve and Adopt Road Vacation Ordinance


The Marshall County Commissioners held a public hearing Monday morning concerning the vacation of a portion of 3B Road between Quince and Olive Roads.

Plan Director Ralph Booker explained that the request went before the plan commission at their recent meeting. The members of the plan commission found findings of fact that the conditions have changed in order to defeat the original purpose of the road, there is a public interest to vacate the road and the value of the road will not be diminished with the vacation of the road.

The road is grass-covered, not paved, and is surrounded by farm land and timber. The road is maintained by the adjoining landowners.

Booker said the request was brought forth by the Daniel and Beth Cashen who own property along a portion of the road.

“The request was to vacate from Quince Road all the way to the east end of the Cashens’ property,” said Booker. “At the east end, the deal was that the Cashens’ would give a portion of ground for a 120 foot cul-de-sac in which 3rd Road would truncate. The Cashens are in the process and have received a building permit for a new home so we’ve given it an address of 14755 3B Road.”

There was one opposition to the road vacation and a letter was submitted to the plan commission by Pike Lumber that summarized their opinion. The company has access from Quince Road going east along 3B Road. The access road is used by employees to inspect forest land, harvest timber and to control the deer population with deer reduction events. Officials believe that access to this road would be restricted if the commissioners would approve the road vacation request.

The plan commission approved an ordinance that only allows the vacation of the road along the Cashens’ property. The commissioners also approved that ordinance. The rules were suspended and the ordinance was approved on all three readings to adopt the ordinance.