Right of way

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JamesH
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Right of way

Postby JamesH » Sun May 30, 2010 6:21 pm

Just need some clarification on the road way right of way laws?? Who is the correct person to ask permission from? The land owner or the county,state ?? I know it is 33 feet but who hold the permission rights? Thanks for any and all help you can provide

James
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Beaverhunter2
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Re: Right of way

Postby Beaverhunter2 » Sun May 30, 2010 8:17 pm

In Michigan- the adjoining property owner. The road is a right-of-way. The county (or state) has the "right" to build and maintain the road and can allow other public utilities to make use of the right-of-way, but the adjoining property owner owns the road right-of-way to the centerline. BTW Some R-O-W's are 66' each side of the centerline- not 33'.

Other states have different laws.

John

One other thing, the state and county's rights to maintain the road allow them to give you permission to trap beaver in the right-of-way if they're plugging cuverts, etc. However, they can not give you permission to trap outside of it on the adjoining property. Any time I'm trapping beaver in the R-O-W, I make sure to contact the landowner to 1. Let him/her know I'll be there at the request of the state or county, and 2. To see if they'll let me on their land as well. The best sets are usually just on the other side of the line!
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JamesH
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Re: Right of way

Postby JamesH » Mon May 31, 2010 7:13 am

Thank you for the answer and it was pretty much what I was thinking but just wanted to be sure...

Are the 66' ROW's on state highways or are those on random roads? do these ROW's show up in plat maps or do I need to find that info at the survey office or where would I find that info?

For the record I normaly just ask to use the culverts,bridges and stuff as I am always looking for the bigger piece of pie in getting on the land in general and the culverts and bridges are the foot in the door so to speak...

Thanks again

James
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Re: Right of way

Postby Beaverhunter2 » Tue Jun 01, 2010 5:56 pm

Most of the 66' ROWs (each side of centerline) I've seen have been on State Roads. In my experience, if you have adjoining landowner's permission and it's not a limited access highway (like I-75), you can trap the ditches and culverts without asking the state or the county.

John
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uptrapper
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Re: Right of way

Postby uptrapper » Sun Jun 13, 2010 8:11 am

The size of row's vary wildly. The old way for a county or city was to plan for 4 rods or 66' of row. State hwy's and new roads are almost always wider. 150' and 200' are very common for state hwy's, don't know if I've ever seen 66' each side of center, but I have never looked anywhere but the eastern UP. It is also common for the state and even counties to have extra row near bridges, and road intersections. MDOT has all row dimentions on their web site. I have the link on my work computer I will post it when I get a chance. In the counties I work in the only way to find out is to call the road commision. That being said you can usually tell by where fences, power poles, ect are. On improved roads the counties usually require utilities to be very near the private property side of the row. The only thing you have to be very careful of is private easements and utility easements, the may falsely lead you to believe the row is larger than it is.

Hope this helped.

Mike
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