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Right to public ROW access?

mendelman

Unfrozen Caveman Planner
Staff member
Moderator
Messages
13,454
Points
50
The Law Director and I am going to be analyzing the presumption of why a private property has a right to access a public ROW.

This is something I realize many of the just take as a given.

How is this subject treated in your code and/or your professional experience?

I will be reviewing our development and/or entire city code to determine this for us. It'll be interesting.
 

DVD

Cyburbian
Messages
14,339
Points
50
It depends. If the property is entirely landlocked through no fault of the city or state highway or whatever, then he has no "right". He can pay to get access. One place I worked required legal access before we granted a permit. Where I'm at now does not. Although we will not split land without having accesses to the ROW.

In other cases say a highway gets build through the land creating a landlocked situation. The property had access and the highway took it - which may legally go to a takings case somewhere. So now the high way has to grant access.

If you get into the 10 properties in a 1/4 mile stretch we go with, while each property has a right to access, and if each property were developed solo we would give them that, we still require shared access and have access control plans to prevent 10 driveways.
 

giff57

Corn Burning Fool
Staff member
Moderator
Messages
5,432
Points
33
A different spin is private utilities in the ROW. In Iowa you can make them pay the governments actual cost of maintaining the ROW, but we cant deny access.
 

Gedunker

Moderating
Staff member
Moderator
Messages
11,298
Points
37
We also can make private utilities pay some of the freight of being in public r-o-ws (but extreme care needs to be taken in justifying costs, which some smaller 'burgs probably won't be able to do). But, day-yum, they sure act like it is their r-o-w and we should be kissing their derrieres to be there. The electric utility, in particular, is difficult.
 
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