Darlene Clark remembers going to her Baldwin County property for peace of mind. Now, she says she can't get to it, and it's causing her nothing but anxiety.
Clark, a military widow, says she has been landlocked and not allowed on her property by the adjoining property owners.
"Before my husband died, he died in '95, we were out there actively," she remembered. "Winter, Summer, Spring, it didn't matter."
No matter what time of year, Clark remembers the days of floating down the river while her husband fished. Those were the "good ole days." After he passed, she continued visiting the property to escape the daily grind.
"I used to take and go out there to the river and spend the day, and I'd take a chair and a little cooler with some beers in it, and I'd sit out in the middle of the river and just sunbathe and swim," she said. "That's why it was my little piece of heaven. I always called it that.
The couple bought the five acres off Highway 87 in 1988. For 20 years, she was allowed an easement and had two roadways to get to their land. But on October 13, 2021, that all changed.
"When I went over there to go to my property, there was a ditch across the road," Clark said. "I thought, 'What on earth is going on?"
"I had no clue," she added.
Since that time, Clark has tried to get access to her property from the new owners of the connected land. She said she's been on disability since 2007 and does not get military survivor benefits, so the property was her only investment.
Belle Fountain LLC has now built Grand River Motorsports Park, an off-road park next to her property.
Clark said a park investor and registered organizer of Belle Fountain Land Company offered to buy the property but backed out because he said it was in a floodplain.
The whole ordeal has Clark wary of people.
"I was brought up believing in God and everything and not believing there were evil people out there in the world," Clark said. "Well, you know what, there are evil people out there in the world."
"They've cut a river road through my property," she claimed. "So, imagine you're an ATV rider. How cool would it be to ride along a river in the woods?"
"I blocked it, but for over a year and a half now, they've been open, taking money from people, making money, and now it's pissed me off because it ain't right," she said.
Belle Fountain's attorney, Thomas Pilcher with Pilcher & Grissom, told 1819 News that his clients confirmed with a survey that the Grand River Motorsports Park roads were not on Clark's property.
Still, Clark is taking the issue to court. There is a trial set for October 31.
"I'm not going to be able to do anything with my property," she said. "I want them to pay me for my property. I want them to pay me for all the days I've sat here and cried about this; For the times I've gone out there and not been able to access my property."
Belle Fountain won a previous case by another landowner. Two other property owners are now in court to determine how much they will have to pay for an easement through the Belle Fountain property.
PigFarm Gun Range had to close in 2023 because a judge ruled the property owner could not have access to the property via land owned by Belle Fountain Land Company. The gun range owner, Shane Bailey, leased the property from the landowner. While the judge ruled there was another way to get to the gun range property, Bailey said Styx River made it impossible to access.
In a court filing, Belle Fountain Land Company denied responsibility for relief in Clark's case and said there is adequate access to the plaintiff's property by other means. Attorneys said the suit is frivolous, and they are asking the judge to rule against the plaintiff for court costs and attorney's fees.
Pilcher believes Clark will eventually be granted an easement, but he says she must pay for it.
There are multiple ways to gain an easement. Pilcher explained some of those options are adverse possession and implied easement. Adverse possession is when someone has been using property for so long that they become the owner. Implied easement is a non-written agreement that often arises out of necessity for landlocked property owners.
Pilcher said Clark does not meet those elements. However, he said she should be allowed access to her property by purchasing an easement.
While Clark is thankful for the memories made on the property, she said the investment she and her husband made is now in doubt.
"My husband, who I adored and he adored me, when we found that property we walked through those woods," Clark said. "We camped. We fished and just enjoyed it for just what it was."
"Simple nature, my little piece of heaven," she continued. "We had talked about, there's one spot out there, a flat part we would like to put up a cabin on. But he didn't live long enough."
To connect with the author of this story or to comment, email erica.thomas@1819news.com.
Don't miss out! Subscribe to our newsletter and get our top stories every weekday morning or become a member to gain access to exclusive content and 1819 News merch.
