Property Rights vs. Government Access

Fayette County Commissioners narrowly approved a request for a subdivision variance from property owners Scott Shaffer and Debbie Walsh at a meeting on Thursday, Jan. 23.

The case highlighted tensions between the rights of owners wishing to split and sell their property and the power of government to curtail those rights over concerns about emergency access and the environment.

The vote was 3-2, with County Judge Joe Weber, Pct. 2 Commissioner Luke Sternadel and Pct. 4 Commissioner Tom Muras voting to grant the variance. Pct. 1 Commissioner Jason McBroom and Pct. 3 Commissioner Harvey Berckenhoff opposed it.

At issue was a 15 acre tract of land along a private road off Loehr Road in Precinct 3 south of La Grange. Shaffer and Walsh want to split the property into two tracts: a three acre tract including a home and other improvements to be retained by Shaffer, and a 12 acre tract of unimproved land to be sold by Walsh.

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