Here in NY most public roads are privately owned but have public highway easements. Those easements vary with right-of-way distance on the sides. Sometimes 20 feet, sometimes 50 feet and sometimes NONE. In my area, most of the roads became so by "easement by prescription." That means by "use." With them - the town only has a legal right-of-way of what's been maintained for at least 10 years by them. If a road shoulder is wild and tree bound (unmaintained) the full rights belong to the property owner. I own several public roadways like that.
Town snow plow trucks or graders often keep widening the road a few inches per year. If it goes unchallenged over X amount of years it becomes legal.
I've dealt with this issue many times and found that many town highway supervisors, town attorneys, etc. are clueless on the matter.
With utility companies it's often quite different. They may have a written easement for a specific width through private land - but there is also usually a wide-sweeping general easement giving them the right to virtually do anything necessary to maintain their lines or pipes.
Eminent Domain is a legal procedure and can't be done ad hoc or instantly. There's the slow version and the quick version. If your land gets taken by it and you later prove in court is was an illegal taking - here in NY you still do not get your land back. Just more money.
We sell tractor parts! We have the parts you need to repair your tractor - the right parts. Our low prices and years of research make us your best choice when you need parts. Shop Online Today. [ About Us ]
Today's Featured Article - Hydraulics - Cylinder Anatomy - by Curtis von Fange. Let’s make one more addition to our series on hydraulics. I’ve noticed a few questions in the comment section that could pertain to hydraulic cylinders so I thought we could take a short look at this real workhorse of the circuit. Cylinders are the reason for the hydraulic circuit. They take the fluid power delivered from the pump and magically change it into mechanical power. There are many types of cylinders that one might run across on a farm scenario. Each one could take a chapter in
... [Read Article]
Latest Ad:
1964 I-H 140 tractor with cultivators and sidedresser. Starts and runs good. Asking 2650. CALL RON AT 502-319-1952
[More Ads]
All Rights Reserved. Reproduction of any part of this website, including design and content, without written permission is strictly prohibited. Trade Marks and Trade Names contained and used in this Website are those of others, and are used in this Website in a descriptive sense to refer to the products of others. Use of this Web site constitutes acceptance of our User Agreement and Privacy Policy
TRADEMARK DISCLAIMER: Tradenames and Trademarks referred to within Yesterday's Tractor Co. products and within the Yesterday's Tractor Co. websites are the property of their respective trademark holders. None of these trademark holders are affiliated with Yesterday's Tractor Co., our products, or our website nor are we sponsored by them. John Deere and its logos are the registered trademarks of the John Deere Corporation. Agco, Agco Allis, White, Massey Ferguson and their logos are the registered trademarks of AGCO Corporation. Case, Case-IH, Farmall, International Harvester, New Holland and their logos are registered trademarks of CNH Global N.V.