Article View: rec.equestrian
Article #3047Re: Protecting park access from developers
From: Ken Kifer
Date: Fri, 19 Sep 1997 00:00
Date: Fri, 19 Sep 1997 00:00
27 lines
2585 bytes
2585 bytes
This is a very good explanation, but it's very different from anything I've understood. I own property in NE Alabama, in a sparsely-settled county. In that county, if several people share a road on private property, they request of the country that the road become public property. At that point, they loose the right to deny access, but gain free road work, sometimes even a paved surface. At the same time, if a road is no longer being used by several families, or if alternative routes exist and the county no longer considers the cost justifiable, the county will close the road -- I believe after a public hearing -- and the owner is then free to erect no-tresspassing signs, which almost always happens, as a few individuals will try to continue to use the road (in cases where no signs have been erected, the roads remain passable to four-wheel drives for many years). Certainly, people with property along such an abandoned road could still assert their use of the right-of-way; other people can pass only if the owner doesn't mind. A friend of mine owned property with a road his family constructed traveling through it to a popular "beach" on a river. When people started using the road to dump trash, he closed it, and then he had people arrested who broke down his gate. They argued that the road was public right-of-way since it had been in use for many years; he argued that it terminated on his property on the river, and the river was not a navigatable stream, and won. Thus, I would tend to identify a public road by who was paying for it. Your clarification would be helpful.
Technical Details
Message-ID:
<34225F2A.7712@simplecom.net>Path:
arc1-ca.pugleaf.net!unknown!not-for-mailReferences:
<5vpgtc$a93@nntp02.primenet.com>Show Full Headers
Complete Article Headers
X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 10e08b,dc60726cb5f9e78a X-Google-Attributes: gid10e08b,public X-Google-Thread: 10decc,dc60726cb5f9e78a X-Google-Attributes: gid10decc,public X-Google-Thread: 104429,dc60726cb5f9e78a X-Google-Attributes: gid104429,public X-Google-Thread: 1012ff,dc60726cb5f9e78a X-Google-Attributes: gid1012ff,public X-Google-Thread: 1086ba,dc60726cb5f9e78a X-Google-Attributes: gid1086ba,public X-Google-Thread: 114271,dc60726cb5f9e78a X-Google-Attributes: gid114271,public From: Ken Kifer <kenkifer@simplecom.net> Subject: Re: Protecting park access from developers Date: 1997/09/19 Message-ID: <34225F2A.7712@simplecom.net> X-Deja-AN: 273908313 References: <5vpgtc$a93@nntp02.primenet.com> Organization: All USENET -- http://www.Supernews.com Reply-To: kenkifer@simplecom.net Newsgroups: rec.equestrian,rec.bicycles.soc,rec.bicycles.off-road,ba.bicycles,ba.mountain-folk,rec.backcountry