Such issues can be very complicated and you need a good understand of the local laws and state statutes as they pertain to public highway law.
I worked on many such issues here in New York. Here - public highway law says once a culvert has been used for 7 years for highway purposes -it's done deal, regardless of problems that come along with it. In my area, I am required to furnish the cost of materials for all culverts needed for any driveways I touch the public highway - and I own the highway! That's kind of adds insult to injury since I own the entire road - but ownership or not - it is still a public highway that runs "over" my land. The town has to install the culverts - I just have to pay for the corrugated pipe. The reality is - I don't trust the town to do it correctly and always put them in myself.
I will tell you this. You might want to find out what sort of right-of-way the town actually has - and who actually owns the road. A town must report every year - to the county government an inventory of roads. That inventory is supposed to show each road the town claims as a public highway and gives exact measurements and widths of right-of-ways. See what it says.
Also keep this in mind. Many highway supervisors claim some set footage for width - usually something like 66 feet wide - of right-of-way. Sounds fine and usually goes unchallenged. It is also often NOT true. Again - ask the town how the road became a highway. Likely they won't have a clue. Most became public highways by public use over time - not by deed. These are legally known as "highways by prescription." Technically, in most states - that means the town has no right-of-way beyond what is being used - period. No right to widen extra feet for new culverts, no rights to go in an remove trees, etc. But - many to most property owners don't know this - and subsequently many towns do whatever they want. Here in New York - once the town does anything to the road - and it goes unchallenged for 7 years - it's a done deal and can no longer be questioned.
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 - When Push Comes to Shove - by Dave Patterson. When I was a “kid” (still am to a deree) about two I guess, my parents couldn’t find me one day. They were horrified (we lived by the railroad), my mother thought the worst: "He’s been run over by a train, he’s gone forever!" Where did they find me? Perched up on the seat of the tractor. I’d probably plowed about 3000 acres (in my head anyway) by the time they found me. This is where my love for tractors started and has only gotten worse in my tender 50 yrs on this “green planet”. I’m par
... [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.
