When it comes to property rights, there’s often a term that goes overlooked: “Right of Way.”
In local government operations, the “right of way” denotes the legal right of the government to use or control a specific area of land for certain public purposes. Typically a right of way istypically designated for infrastructure like roads, sidewalks, utilities, or public transportation systems.
Local governments often have authority over public roads and streets, which are typically located on right of ways. This allows the government to control access, maintain the roadway, and regulate its use (e.g., setting speed limits or installing stop signs). It also includes sidewalks, pedestrian paths, and bike lanes. For those municipalities with public services beyond just roads, the right of way is used to lay and maintain utilities such as water, sewage, electricity, gas, and telecommunications. Local governments may grant utility companies the right to install and maintain infrastructure within these designated corridors. In many cases, a right of way is created through easements, where property owners grant access to a portion of their land for public use while still retaining ownership. For example, a property owner might own land up to a roadway, but the government has a legal right of way to maintain or widen the road without owning the land itself.
One of the many responsibilities that townships, boroughs, and cities have is to regulate land use in “right of ways” to ensure safety and accessibility. This often involves a delicate balance, as we must consider various public interests. For instance, structures such as fences or buildings are typically prohibited from being built on a right of way to ensure public access and protect infrastructure. A right of way can be used for public transportation infrastructure, such as bus lanes, railways, and bike paths. Municipalities manage these routes to balance transportation needs with other public interests. Some may view right of waysin a negative light because, in most cases, they are generally responsible for maintaining them, including snow removal, road repair, and ensuring utilities are functioning properly. They may also be responsible for ensuring that these areas remain clear of encroachments by private property owners.
The role of right of ways is to allow local governments to manage public land and infrastructure in ways that ensure community access, safety, and utility maintenance, while also respecting the rights of private property owners. This delicate balance is at the heart of our work, and understanding it is crucial for the effective management of our municipal operations. With the experienced members of KMS, you can navigate this complexity and ensure that your actions are always in the best interest of the community. As always, “fire this thing up” and never second-guess the proper role of the right of way in your municipality.
About the Author
David L. Anthony is a member of the Keystone Municipal Solutions team of experts. He is a veteran of municipal government, having served more than 33 years in various positions of public service. Contact him at david@keystonemunicipalsolutions.com. To learn more about David and the Keystone Municipal Solutions team, click here.
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