Can the county give a private individual the right to use their right-of-way through my property?

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Can the county give a private individual the right to use their right-of-way through my property?

I own a piece of property with a county road through it. A private individual wants to run a water line through my property that I do not want. The county is going to allow him to bury it in their right of way. I have no arguement that they have a right of way but can they allow a private individual to infringe on my rights in their right of way?

Asked on November 29, 2018 under Real Estate Law, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If they have a right of way for a county road, they have the right or discretion to decide what can be placed on it or go through it. Even though this would be a private, not county, use, they can allow it, the same as you could allow another person to run a line through property you control.


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