Hello all, my first real post here.
Being from New York, I am curious about the stance of using a street right-of-way for the location of utilities as well. In a rural section of Susquehanna, a new natural gas main for distribution is being designed. I am told they need to acquire easements within the street ROW, on both County and Town roads, from property owners. Does this seem correct?
Would the power and communication companies have to do this as well?
It is assumed that all these properties do go to the centerline, so does that mean the right-of-way is strictly for access only and not for the use of enterprises?
Thank you very much in advanced.
My experience in NJ with San Sewer in streets and NJDOT highways varies, even between two lawyers from the same firm. The first consideration is whether the street or highway was taken as an "easement" or in "Fee Simple" from the underlying/abutting properties. That determines who to obtain the permission from. The next consideration is the verbiage of the particular instrument of taking as to whether it is a row and/or general utility easement. The third consideration is if it is an easement for a particular utility only, then you must get a seperate easement for the utility that wants to occupy the same street or highway.
I did find this: 2.3-a-3 ftp://ftp.dot.state.pa.us/public/bureaus/design/PUB16M/Chapters/Chapter02.pdf
State Highways v Local Roads
Be aware many state highways are of ony minimal width. I recently finished a survey fronting on a state highway that was a relocation of an older highway. The taking maps showed 60' right of way, PennDOT now claims 33' right of way. In other locations PennDOT claims to the back of the curb. PennDOT does not want utility poles within their claimed ROW so they can shun liability should you drive into one. A lot of times they do not want sidewalks within the ROW. Some utilities exist totally outside state highways except for crossings.
Counties own bridges but not highways in PA. Most are owned by municipalities, which because there is no good state example to follow have varying rules. There are state highways that are locally maintained, especially for snow plowing in rural areas. PennDOT offers a minimal compensation for it, with the caeat that if the municipality does not accept PennDOT cannot garauntee where it is on the priority list. Extortion being a suitable word. PennDOT distributes liquid fuel taxes for maintenance of local roads on a per mile basis. Years ago I was doing a 5 lot subdivision on a short cul-de-sac. The township rejected the first submission because the road was too short to qualify for the liquis fuels tax reimbursement. I had to make it a few feet longer.
Check with the PennDOT District Engineers archive office for specifics on right of ways. Stop first at the PennDOT County Maintenance office where the Permit Officer can give you specifics on route numbers and offsets. (those little white signs you see at some intersections)
Paul in PA
