No, you're wrong . . .

Posted by jdemaris on October 28, 2006 at 18:13:31 from (66.218.18.35):

In Reply to: Re: inherently unsafe? posted by massey333 on October 28, 2006 at 12:37:32:

You are wrong. I'm not sure if you failed to read my post - or DID read it and disagree. I am pretty well read on public highway law - at least in New York State. I learned a long time ago to keep my mouth shut until I know what I'm talking about. I've studied current case-law - mostly out of necessity since I've fought a few land-use cases in court - and won.
Again - I have not researched the law in other states - except for Florida and Michigan.
If you own land - and it's on your deed, and your name is on the tax-map-parcel - and you pay taxes on that land - then you own it - period. Much of what you said - is - basically rediculous (no insult intended). A public entity - e.g. a town, county, or state - can have a right-of-way across your land. That means - just what it connotes - a right of passage - an easement - NOT ownership. There ARE roads that are owned by governments - and when that is the case - it is no secret. It is deeded, it shows on the tax map with their name on it and not your's.
For example - in the town I live in - in central New York State - there are over 200 roads - of which - the State of New York owns one, the County owns two, the Town owns two, and ALL the rest are on private property with public right-of-ways. The ONLY two roads that the Town actually owns - are in new subdivions. So - that is the direct opposite to what you stated. This is common - because often - subdivions get proposed to town boards - and developers often are in hopes that the Town will pay and maintain the new roads.
You seem to mixing the terms - "ownership" with "easement." They are totally different things and are NOT mutally exclusive.
Now - in regard to an easement - which is another word for right-of-way. It can be given, purchased, or more-or-less taken over time - and it is then legally called an "easement by prescription." A town CAN have and easement with a 25', 50', or whatever width - but it has to be in writing. In New York - the highway superintendant of each town, is required every year to hand in a road inventory to the county - and the county sends them to the state. The town road inventory must show every road the town claims to have control over along with exact measurements of widths, lengths, etc. of owned roads and public easement roads.
Some roads - actually the majority of roads in my area - became public roads by "highway by prescription." That has specific legal meaning. It means that - in most cases - the town ONLY has the right to maintain the area of road that is actually driven on - and that is all. Do an Internet search for "highway by prescription" and you will find hundreds of links to court case documents and highway law info - all over the United States.
Now - in reality - what happens is - these types of roads get a little wider each year by snow plowing, dirt grading, trees dying, etc. Often, this widen goes unchallenged - and if it exists for a certain period of time - usually seven years - it automatically becomes town right-of-way by "easement by prescription."
In regard to legal abandonment - that is a different issue -and legally - there are several types of road abandonment. Often there are three or four different levels and legal categories - and each one works differently.
You can search countless legal document for definitions - but here's one for "easement by prescription . . .

An easement by prescription arises through an individual's use of land as opposed to the possession thereof. An easement of this nature will be recognized in these instances: (1) the easement is adverse or contrary to the interests, and absent the permission, of the landowner; (2) it is open and notorious; (3) it is continuous and uninterrupted; and (4) it exists for the period of time prescribed by state statute. If for a period of time beyond the prescribed statutory period A creates and openly uses a right of way across B's land without B's permission then an easement by prescription is created.

Do an Internet search of "public highway law" and/or "highway by prescription" and you could read forever.

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