What arean adjacent property owner’s rights in relation to a city’s right-of-way?

Get Legal Help Today

 Secured with SHA-256 Encryption

What arean adjacent property owner’s rights in relation to a city’s right-of-way?

The city road right-of-way extends beyond the actual road; approximately 30 feet on either side. Within that 30 feet is a proposed trail using tons of fill and asphalt. Natural underground springs run through parts of that area and continue into my property which is adjacent. The proposed materials and trail would affect my land negatively, including the springs. What rights do I have as a landowner adjacent to a road right of way easement?

Asked on February 1, 2011 under Real Estate Law, Montana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Just because the right of way is given to a municipality rather than a private individual does not meant hat you lose your rights as the adjacent landowner.  While it is true that states and municipalities can have rights greater than yours to acquisition and based upon the"public good", it does not mean that their actions can harm the environment etc.  However, you can not just state that the materials will negatively impact the springs.  You will need some proof of it.  And that can be expensive.  It may be in your best interest to get an environmental group involved,  Their resources will be greater than yours.  Good luck to you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption