September 24, 2019
By: Dwayne Page
Since taking office over a year ago Road Supervisor Danny Hale has been working to maintain and improve county roads but he draws the line when it comes to providing gravel or working on private roads and driveways.
The reason is because state law forbids it.
During Monday night’s regular monthly meeting, Road Supervisor Hale addressed the county commission on the issue to let them know where he stands and he passed out copies of the state law regarding the matter. Hale said from the beginning of his term he put the word out that he would not violate the law and run the risk of being prosecuted. Still, Hale says some people don’t understand and continue to ask for services he can’t deliver.
“I get calls from people wanting driveways graveled and stuff that we can’t do. So if you (county commissioners) get any calls from your people (constituents) I am just letting you know what the law is and that there are consequences for doing things you are not supposed to do. There are cases where Road Supervisors in Tennessee have been prosecuted,” said Hale.
Only roads listed as “County Roads” approved by the county commission are eligible. Not all roads in the county are “approved” county roads even if they appear on 911 maps or others. City streets and state highways are also not eligible for work by the County Highway Department.
Under state law, “one of the main duties of the chief administrative officer of county highways (Road Supervisor) is to exercise supervision over the construction, repair and maintenance of county roads and he must be careful not to work on private roads. State law forbids the use of any county highway materials or equipment to improve or repair private roads, with the limited exception for school bus and postal vehicle turnarounds. A chief administrative officer (Road Supervisor) who authorizes or knowingly permits county equipment to be used for private purposes is guilty of a misdemeanor”.
“All roads running through a county are not county public roads. Some are private roads; others are state highways or city streets. Private roads are the most difficult to distinguish from county public roads. Private roads are generally one of two types. First, a private road may be one used by only one or a few property owners, such as a driveway; or second, it may be a road which the landowner allows the general public to use but which has never been formally accepted by the county legislative body as a county road, or which the landowner has never given the public any rights, either expressed or implied”.
“Cases where this law has been broken include the Robertson County Highway Department. The Road Supervisor there was indicted in 1993 on 9 counts of accepting money for work on private roads. The Pickett County Highway Department was fined $13,205 in 2016 for using county materials/equipment for private roads. In Grundy County, the Road Supervisor is currently under indictment on 6 counts of using county materials/equipment on private roads in 2018,” said Hale.