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Are there limits to public ROW if road is not improved/maintained by county?
Are there limits to public ROW if road is not improved/maintained by county?
Hello, I have learned a ton about easements from finding RPLS threads in my Google searches, so thought I would bring my current question directly to the forum! Any insight on the following scenario would be much appreciated!
I own two adjacent lots within an unincorporated area of my county in California. There is a “paper street” that runs between the two lots. The subdivision and the road that runs between my two properties were dedicated to and accepted by the County in 1908. However, despite acceptance of the road dedication, the county has never improved the road and the DPW has not added it to their system of maintained roads. I have pursued vacation of the ROW easement but my request was denied based on the rationale that a future need for the road may later present itself (though it hasn’t yet in the last 112 years and there is truly no public need for this ROW). In addition to not being a county maintained road, the area between the two lots is covered with trees and overgrown brush so it is not usable in any way by vehicles or pedestrians. Because of the state of the paper street, I am concerned that I would be liable for injury or property damage should someone try to pass through, given that I am the fee simple owner of the land under the ROW.
Questions:
1) Am I truly liable for damages should an injury occur on the paper street?
2) If I am in fact liable, can I then block access to the paper street given that the county does not maintain the area and has not ensured it is safe for passage?
3) Are streets dedicated by developers to a county specifically for vehicle travel (if another intent is not specified)? If so, if a vehicle cannot pass through the ROW due to trees etc., can pedestrians be prohibited from passing through?
4) Can a county’s refusal to abandon a right of way be challenged?
I realize these questions may be better addressed to real estate law, but would certainly appreciate any insights or advice on the above scenario/questions. Thank you in advance!
-Rob
- 2 Replies
1) Yes, this would be a question for an attorney. County Counsel likely would take the position that an undeveloped road may limit – if not exclude – its liabiliity.
2) Most Counties have an Obstruction of Public Way Ordinance that would prohibit this. However, this would be leverage to pursue for a vacation request.
3) Dedications are for the right of the public to pass through unimpeded. Particularly when they were offered before automobiles were ubiquitous.
4) The refusal sounds like the County has designated this road to be part of the Transportation Element of its General Plan. If not, appeal of staff decision can be made to the Board of Supervisors. Beyond that, Superior Court, but a petitioner must exhaust all administrative remedies first.
The procedures for Vacation of Rights of Way are contained in the Streets and Highways Code, and the County’s Ordinance Code.
Thank you @Warren Smith, I really appreciate the response and guidance.
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