Sheriff’s Office: Toll legal for private Pender County road

PENDER COUNTY, NC (WWAY) — Neighbors in Pender County plan to set up a toll on their private road to keep drivers from crowded the renowned cut through and now we know it’s legal.

It’s a story WWAY told you about Tuesday.

We took the questions to the Pender County Sheriff’s Office if this toll would in fact be legal. WWAY’s Andrew James uncovered the July 2017 deed that makes it so.

The sheriff’s office tells him the non-profit, Cedar Landing II and Creek Estates Road Maintenance Organization, Inc., contains the deed granted from the original developer and therefore has the legal right to toll the road in addition to the road upkeep and speed reducing measures neighbors have already taken.

“According to the general warranty deed of July 12, 2017 between Lanier Development, Inc. and Cedar Landing II and Creek Estates Road Maintenance Organization, Inc. (CL2/CE RMO), Cedar Avenue appears to be a private road owned by CL2/CE RMO,” said Captain Rowell with the PCSO. “There are no laws that we know of that prohibit an owner of private property from charging for the use of that property.”

Neighbors have questioned the legality of this anticipated Memorial Day weekend toll. It was approved of my more the 20 neighbors that live along the road May 19.

The sheriff’s office says if any visitors or shortcut takers plan to use to road once the tolls open this Friday, law enforcement will not get involved.

“Should any member of the community find themselves at odds with CL2/CE RMO, they may need to seek relief through civil court proceedings,” added Cpt. Rowell. “If there is any unrest at any potential “toll booth”, the sheriff’s office will respond to keep the peace.”

Below is the deed for Cedar Avenue.