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Homeowners on 'orphaned roads' have to pay for pothole repairs

No one wants to rumble across potholes or constantly dodge them. Yet that is the reality for homeowners in many communities, who are learning North Carolina's Department of Transportation will not patch their roads.

Posted Updated

By
Monica Laliberte
, WRAL executive producer/5 on Your Side reporter

No one wants to rumble across potholes or constantly dodge them. Yet that is the reality for homeowners in many communities, who are learning North Carolina’s Department of Transportation will not patch their roads.

In unincorporated neighborhoods of a county, where roads were never properly turned over to the DOT to maintain, homeowners must pay out of their own pockets to get the roads fixed.

"We are constantly looking for the potholes, and we are weaving and zig-zagging back and forth trying to straddle them just right," said Heather Boyles.

She and her neighbors are constantly dodging potholes along South Creek Road in Johnston County, where they live.

The problem with getting the road paved goes back to a document the developer signed in 1995, agreeing to maintain the road until it was turned over to the NC DOT.

He passed away before that happened.

Now, South Creek Road is labeled an orphan, meaning no legal entity is responsible for it. That leaves homeowners to make repairs.

"We couldn’t afford to even go in together to get it fixed," said Boyles. "You’re talking about thousands and thousands of dollars."

DOT spokesman Marty Homan tells WRAL News his department gets calls nearly every day with questions about orphaned roads. Before the agency can legally accept responsibility, roads must meet requirements, and that includes being pothole-free, he said.

"The thought behind that being it’s not fair for the rest of the state to pay for what a developer should have," Homan said.

5 On Your Side found a project in Wake County where homeowners were assessed nearly $7,200 each to bring their roads up to standards.
Wake has an Orphan Roads program that adds an assessment to property taxes to repay the DOT. Most counties don’t offer that.

The DOT says it averages 75 neighborhood requests a year in Wake County alone.

Since 2019, they adopted 43 Wake County subdivisions, with 113 roads. In Johnston County, it’s 55 subdivisions totaling 160 roads.

The DOT says homebuyers are supposed to be told about the status of a community’s roads when they buy a home, but that doesn’t help those who’ve lived there for a while.

Back on South Creek, neighbors have been patching the road.

"We have where someone has tried to put in some paving stones, we have put concrete in, we have asphalt patches that people have done as well," said Boyles.

She added neighbors have tried to reach the developer’s family.

"And they have basically said well here’s the number of someone who might be able to pave it for you, here’s the number or the DOT, you need to contact the DOT," said Boyles.

After 5 On Your Side contacted the developer’s family, they reached out to the DOT to find out what repairs are needed.

So there may finally be hope for the pavement trouble on South Creek Road.

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