Public highway law, fences, farms, etc.

Posted by jdemaris on October 27, 2006 at 06:19:23 from (66.218.11.190):

In Reply to: Errant Cars, Fences, and the Like posted by Aaron Ford on October 26, 2006 at 14:57:44:

In regard to public highways versus rights of private property owners. It varies from state to state and sometimes county to county. But . . . in the oldest and first settled parts of this country - many public highway laws first used here in the late 1700s - early 1800s are still on the books, still relevant, and still hold up in court. Many came from British law. Out west - where land is relatively "newly settled" things differ a little.
For example - here in central New York (and much of the rest of the U.S.) - A "Public Highway" can only become so in certain ways.
#1 Deeded Road - A government can - buy (or take) the land and actually own it - many large highways are created this way - as well as smaller housing developments. Such roads are often 50' wide thus having extra right-of-way on the sides.
#2 Highway by Prescription - A government can assume a "right of way" after a road has been used by the public - often for a minimum of seven years AND the government has done some sort of maintenance. This is the way most roads were created in this country. The property owner still owns the property and pays taxes on it - the government and public only has a right to "drive over" the property. The government usually has NO implied right-of-way on the sides of the road - although they often act as if they do. The usual legal wording is - "the right-of-way only exists in the portion of land actually being driven on." But, the town, county, or state - often - continually kills trees and brush with grading, snow-plowing, mowing, etc. and tends to widen the roads more and more as time goes on. Technically - at first it's not legal - but over time - if unchallenged - it becomes legal. So - some of these roads can be more correctly called "roads by attrition."
Of course - there are exceptions and variations - and other ways that public roads are created.
In regard to public roads and farming. Many of the older and still valid highway laws provide for farmers. One section in New York State Public Highway Law - states clearly - that if any government creates a road that cuts through farm land - and the land is used for animal grazing - then the government is repsonsible for building and maintaining fences along both sides of the road - if requested by the property owner.
Now - trying to enforce it? - good luck! Most likely government officials will regard you as being nuts.
Now - maybe I'm getting the wrong meaning from what you wrote. But - are you saying - that since I own a land with several miles of pubic road cutting through it - I am responsible for maintaining a safe "landing zone" for any idiot that drives off the road? One of my barns - built 1820 - is five feet from the driven-path of a town road. The barn was there before the road - and in the past 30 years - has been hit several times - in fact - one time a drunk drove clear through it. It's also been hit by snow-plow trucks. So - maybe this is my fault for having a barn where people like to land?

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