Abandonment spurs dust-up over Genoa streets

Genoa's abandonment issues arose Monday night when longtime residents Ron and Ann Funk asked the town to give up a section of the road easement in front of their home.

Ron Funk said his deteriorating bronchial conditions is forcing the couple to sell their home on Carson Street and move down to sea level.

Funk said the easement in front of his home is 85 feet and he's seeking the abandonment of 25 feet. Joining him in his request are Chris Vasey and Shannon Casteel, who also own property along Carson Street.

According to Funk, when he purchased the property from Jim Vasey in 1981, there was a half-circle driveway that enclosed native vegetation. The Funks added a family room and garage that extended into the driveway.

Ann Funk described the distance between the family room and the road easement as 6 inches.

"Maybe a car or two uses that easement," she said. "But not having it will impede the sale of our home. We have to sell our home and we're very sad."

The Funks sought abandonment of the easement before, in 2000, when then-chairman Steve Hollister said there will be no more abandonments in Genoa as long as he was chairman.

While Hollister is no longer chairman, one of his comrades on that board, Bill Donohoe spoke against the abandonment.

"The town owns a piece of land and it has value," he said. "The streets of Genoa are covered with encroachments of property owners. By his own admission, Mr. Funk has been encroaching on the Carson Street right of way for some years. The fact that this encroachment has been going on for so long doesn't make it right or deserving of reward."

Another former town board chairman who opposed abandonments, Bill Brooks, estimated that the land being sought by the applicants could be valued at $382,000 based on sales that occurred in Genoa before 2000.

Funk disputed Brooks' value of $20 a square foot, saying the land would be worth no more than a few dollars a square foot.

While town board members said they didn't feel bound by the actions of past boards, they weren't ready to sign off on the Funks' abandonment just yet.

Board member Greg Pace pointed out that abandonments need to be examined on a case by case basis.

"Nobody has the right to an abandonment, but everyone has the right to ask for an abandonment," he said.

Town Board member Karen Holmes said she felt the town should have a simple policy for abandoning town property when residents ask. Board member Dave Whitgob said he felt the town board didn't have all the information they might have, had the Funks filed an application with the county before coming to the town with their request.

Board members agreed the Funks should go through the formal county process, in the hope that would provide the solution to some questions they had about what the land was worth, and even the precise size of the easement.