Here in NY most public roads are privately owned but have public highway easements. Those easements vary with right-of-way distance on the sides. Sometimes 20 feet, sometimes 50 feet and sometimes NONE. In my area, most of the roads became so by "easement by prescription." That means by "use." With them - the town only has a legal right-of-way of what's been maintained for at least 10 years by them. If a road shoulder is wild and tree bound (unmaintained) the full rights belong to the property owner. I own several public roadways like that.
Town snow plow trucks or graders often keep widening the road a few inches per year. If it goes unchallenged over X amount of years it becomes legal.
I've dealt with this issue many times and found that many town highway supervisors, town attorneys, etc. are clueless on the matter.
With utility companies it's often quite different. They may have a written easement for a specific width through private land - but there is also usually a wide-sweeping general easement giving them the right to virtually do anything necessary to maintain their lines or pipes.
Eminent Domain is a legal procedure and can't be done ad hoc or instantly. There's the slow version and the quick version. If your land gets taken by it and you later prove in court is was an illegal taking - here in NY you still do not get your land back. Just more money.
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Today's Featured Article - Listening to Your Tractor - by Curtis Von Fange. Years ago there was a TV show about a talking car. Unless you are from another planet, physically or otherwise, I don�t think our internal combustion buddies will talk and tell us their problems. But, on the other hand, there is a secret language that our mechanical companions readily do speak. It is an interesting form of communication that involves all the senses of the listener. In this series we are going to investigate and learn the basic rudimentary skills of understanding this lingo.
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