Dispute Over Annexed Home Depot Property Not Quieting Down - WSFA.com Montgomery Alabama news.

Dispute Over Annexed Home Depot Property Not Quieting Down

Disputes continue in Montgomery and Pike Road over annexed land Disputes continue in Montgomery and Pike Road over annexed land

In spite of the passage of time the bickering over the Home Depot property on Chantilly Parkway is not quieting down.

"There is no feasible way or rational way that Pike Road or Home Depot can choose to be in Pike Poad." or...or...or 7:05:03 "we can't compromise. There is no compromising that issue."

Like the lawyers for the town of Pike Road, Montgomery Mayor Bobby Bright seems confident that he is right.

"You're in my territory. I'm a lawyer and I did real estate law. That was one of my specialities and I know what these folks can do and what they can't do when it comes to title of property."

He says the deed that the town of Pike Road has showing ownership of Ryan Road is only a right of way deed, not an ownership deed.

Pike road needs Ryan Road to connect or become contiguous with the Home Depot property if it wants to collect the estimated $700,000 in taxes from the business.

"The law is very clear. The county had no jurisdiction to give them a deed. The county only had the right to allow them to use their right of way if they wanted to, but that right of way is for use of vehicles."

However, the attorneys for Pike Road say the county has cared for and maintained that road for more than the twenty years the law requires for ownership.

"If you use that theory then they would own all these roads out there. They don't own those roads. The land owners still own the roads. They own the right to go across that road."

So according to the mayor's research, who does own Ryan Road?

"The law is very clear that it goes to the land owners. It's split down the middle and it goes to the land owners on each side of the right of way. Goes right back to the land owners who own the property."

And since the land on both sides of Ryan Road has been annexed into the city that means Montgomery would get the taxes from Home Depot and Wal-Mart and  the other businessess on Chantilly Parkway.

"Now, if Home Depot starts paying taxes to Pike Road then we would have to have a court to intervene to determine where those taxes go to. Do they go to Pike Road or do they go to the county?"

The mayor says if the town of Pike Road were providing all the services for Home Depot like water, sewer and police there wouldn't be a fight from him.

But he says he is not going to allow the city and in some cases the county provide all the services while Pike Road reaps all the benefits.

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