Highway Law ignorance ROWs, etc.

Posted by jdemaris on January 05, 2007 at 07:06:33 from (66.218.12.161):

In Reply to: Re: I don't think so . . . posted by JK-NY on January 04, 2007 at 18:47:19:

I've have been told false information from many official sources including lawyers, police, highway supervisors, mayors, building inspectors, etc. I assume, that most of the time, it's not intentional. The laws are complicated and often conflict. When my local highway supervisor illegal destroyed many of my 150 year-old hard-maples trees - I asked him where he got the idea it was okay to do so. He replied - that's what he was told by the former supervisor, and so on. When we met with our Town attorney - he was clueless on the issue and had to spend a week researching it. And other lawyers? In most cases, they are specialized in a specific field. And some don't seem particulary interested in the law - in general. I have been surprised, many times, with the lack of legal knowledge with certain lawyers. And police? Very often, they know very little except the stuff that specifically relates to their duties.
In the situation of highway law - I don't pretend to be an expert. I have found, that in every case so far - I've had more current knowledge than any "offical" I've met with. That's because I had something at stake and did the research. I've got four large parcels or rural property and have had similar problems with all. Sometimes I think it's not worth it.
Back to roads, right-of-ways, etc. Keep in mind - that year's back, many rural folk were probably anxious for any road improvements. So, the actions of town highway departments were rarely challenged. Now? Lots of people doing the opposite - trying to protect their property and prevent further development. In my case - where I live - a small dirt single-lane road cuts through the center of my farm and my house is 20' from it. The road used to be closed every winter. I liked it that way. I cannot get mail, newspaper delivery, etc. That's fine. No school bus service either - that is also fine. Past ten years - a mile up past me - all kinds of new development. The road is NOT a dead-end - i.e. none of the new people need to come my way when weather is bad. They get mail, school bus service, etc. Even cable TV. But - seems every year - some city person moves in - and complains about my section of the road. It's "scenic" and they want to be able to travel it whenever they feel like it. So, they go to town meetings and squawk - for road widening, paving, two-lanes, salt, etc. And what about my safety? The road is extremely steep by my house. People already often go off the road in ice and land in the woods. Also hit my barn twice. If the road is "improved" they'll drive even faster - things will not be safer.
Back to roads and right-of-ways. Keep in mind, a town can claim such for any portion they maintain. If they can prove they've cut brush on the road-shoulder for 7 years - then they forever have that expanded right-of-way. And snow-plows? Very often, they plow as wide as possible - clip the live trees which die from it a few years later. Then remove the dead trees as a hazard - which is maintenance, and over the years the roads get wider and wider by attrition. If it goes unchallenged, it becomes a legal right-of-way.

Replies:

• Re: Highway Law ignorance ROWs, etc. JK-NY 18:30:41 01/05/07 (0)

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