` Office of the. 1 Montgomery County Engineer

Transcription

1 Office of the 1 Montgomery County Engineer

2 2 Right of Way: Establishing and Vacating Roads VICTORIA WATSON REAL ESTATE MANAGER

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8 Basic Principles of Road Law 8 RIGHT OF WAY general term denoting land, property, or the interest therein, usually in the configuration of a strip, acquired for or devoted to transportation purposes. When used in this context, right-of-way includes the roadway, shoulders or berm, ditch, and slopes extending to the right-of-way limits under the control of the state or local authority. Ohio Revised Code Section (UU)

9 Political Subdivisions hold these interests in land, in trust, for the public, for transportation purposes. 9 Political Subdivisions hold right of way interests in land either by means of fee simple or easement. Ohio Law allows utilities to occupy the right of way. Abutting property owners have a common law right to use the road to access their property. One cannot adversely possess public property.

10 Ohio Constitution Inviolability of private property. Private property shall ever be held inviolate, but subservient to the public welfare. When taken in time of war or other public exigency, imperatively requiring its immediate seizure or for the purpose of making or repairing roads, which shall be open to the public, without charge, a compensation shall be made to the owner, in money, and in all other cases, where private property shall be taken for public use, a compensation therefor shall first be made in money, or first secured by a deposit of money; and such compensation shall be assessed by a jury, without deduction for benefits to any property of the owner.

11 Classes of highways. 11 The public highways of the state shall be divided into three classes: state roads, county roads, and township roads. State roads include the roads and highways on the state highway system. County roads include all roads which are or may be established as a part of the county system of roads, which shall be known as the county highway system. Such roads shall be maintained by the board of county commissioners. Township roads include all public highways other than state or county roads. The board of township trustees shall maintain all such roads within its township O.R.C Municipal Corporations establish Streets - O.R.C Opening streets.

12 How are Public Roads in Ohio established? 12 On August 1, 1792, the territorial legislature met at Cincinnati, and enacted the first law authorizing the opening and regulation of highways in the Northwest Territory. Thereafter, the State of Ohio has enacted various laws providing for the establishment of highways, and dictating various widths of the right of ways for those highways. Then, as today, roads were established in basically the same ways: By Action of a legislative body (statutory appropriation); By Dedication of private property for highway purposes; and By Prescription, where it is shown that the general public has used a tract of land in a way adverse to the claim thereto of the title holder of record under some claim of right for an uninterrupted period of at least twenty-one years

13 By Legislative enactment: 13 Roads are created by counties, cities, and townships via resolution or ordinance. In Counties, roads are established by the County Commissioners either on their own accord or in response to a Petition filed by landowners. After notice to surrounding landowners; a report of the engineer; a viewing and a public hearing, the County Commissioners must make the determination that the road improvement will be in the public convenience or welfare If additional land is needed for the improvement, the County Commissioners resolve to acquire the land or initiate appropriation proceedings. ORC Ann

14 14 Common Law Dedication An effective dedication of land not only requires intent and offer on the part of the owner, but also requires acceptance on behalf of the public. A political subdivision may accept a dedication through either official, formal acts, or through informal acts, such as paving or maintaining a road.

15 Dedication By Plat- dedication, approval, and acceptance. 15

16 Kearns Avenue 16 `

17 Kearns Avenue 17

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19 Is this a private road? 19

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21 What we discovered feet of the road was part of the Ensley s Executors Subdivision, approved and recorded in The road was not paved until the early1960 s, when the lots of along the western half of Kearns Avenue were sold, and the industrial buildings were constructed on those lots. There was no plat on the eastern side of Kearns Avenue. In 1981, this section of Kearns Avenue was inspected and approved by the County Engineer s Office, designated as part of the Township Highway system, and placed on the State s Road Inventory. The Township had claimed, since that time, that they had never accepted the road as a township road, and thus had no duty to maintain it.

22 What we determined? 22 Before 1960, the western half of Kearns Avenue was a paper street, owned in fee simple by the County Commissioners for the benefit of the Public. The Ohio Revised Code provides that once a plat is approved and recorded, the County becomes the fee simple title holder of all land intended for public use, including laid out but unconstructed paper streets. O.R.C Fee simple title. Kearns Avenue had not been vacated.

23 What we determined? 23 In 1981, the County Engineer inspected the construction of Kearns Avenue and accepted it as a public road. Once platted paper streets are constructed, and that construction is inspected by the County Engineer, and it is determined that the road was constructed in accordance with specifications and is otherwise in good repair, this finding shall constitute acceptance of the road by the County. O.R.C Inspection of construction; acceptance by city, village or county. The County Commissioners thereafter designated Kearns Avenue as a township road, Kearns Avenue was placed on the State s Road Inventory List, and the Township thereafter received payments from the State for Kearns Avenue.

24 What we determined? 24 The County Commissioners have the power to designate roads as either county roads or township roads. O.R.C Townships do not have the power to accept or reject the road. Townships have a mandatory duty to maintain Township roads.

25 Classes of highways. 25 The public highways of the state shall be divided into three classes: state roads, county roads, and township roads. State roads include the roads and highways on the state highway system. County roads include all roads which are or may be established as a part of the county system of roads, which shall be known as the county highway system. Such roads shall be maintained by the board of county commissioners. Township roads include all public highways other than state or county roads. The board of township trustees shall maintain all such roads within its township... O.R.C

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27 1948 Deed 27 `

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29 Vacating Roads 29 `

30 The County Commissioners can vacate a road on their own accord, or in response to a Petition; 30 Ohio law requires that the County Commissioners notify all abutting land owners and public utilities, conduct a viewing of the road, followed by a public hearing where members of the public can speak for or against the road vacation; O.R.C Engineer is required to present a report stating his opinion either for or against the vacation. O.R.C After the viewing and hearing, the County Commissioners must determine that the vacation of the road, or part thereof, is for the public convenience or welfare. O.R.C

31 31 County Commissioners have no jurisdiction to vacate a city street; and likewise, a City cannot vacate a county or township road; A Board of Township Trustees have no power to vacate roads; Upon vacation of a public road, the road passes in fee to abutting land owners, subject to easements for public utilities located in the road right of way. O.R.C The Resolution approving the vacation, along with legal descriptions and plats, is filed with the Recorders Office.

32 A section of East Nottingham Road 32 `

33 Condition of Existing Road 33 This section of E. Nottingham is approximately 333 feet long. The right of way is 56 feet wide, but there is only 12 feet of pavement in the right of way. The road is so narrow that it is posted as One-Way. The pavement is in poor condition. The Township has no plans to either widen or improve this road.

34 Old Riverside INFIRMARY ROAD Stafford Walbroo k 2013 Aerial View ` NORTH E. Nottingham I DERBY ROAD I New Riverside Drive

35 In 1907, the North Riverdale Subdivision was established and recorded, with 25 feet of road right of way dedicated to public use as a township road. ` 35

36 Eighty years later, in 1987, the Iddings Subdivision was established, with 31 feet of road right of way dedicated to public use as a township road. 36 `

37 Traffic and Emergency Response 37 considerations The Engineer s Office conducted a traffic study to determine the functionality and vehicle volume on the subject section of E. Nottingham Road. Traffic volumes were very low, with only 77 vehicles traveling on this section within a 24 hour period: 8 of those vehicles were observed traveling the wrong way on this one way street.

38 The Township Fire Department has reviewed the proposed vacation and determined that it would not affect the provision of services, at current levels, to the residences and businesses on Wallbrook Avenue. All can be reached easily and efficiently by using Wilber Avenue, the next cross street to the south, which is a two-way street, wide enough to accommodate fire trucks and cross traffic, and is in much better condition than the section of E. Nottingham at issue. 38 The Engineer s office determined that this section of E. Nottingham Road adds little to the functionality of the road system within the subdivision, and the fact that 10 percent of traffic on this section is travelling the wrong way creates grave safety concerns.

39 Oak Grove Avenue 39 `

40 Oak Grove Avenue was established in 1926 by the Outing Park Plat. Oak Grove Avenue connects to Needmore Road. ` 40

41 1968 Aerial showing homes along Oak Grove Avenue ` 41

42 1975 Aerial showing I-75 and newly constructed exit ramps to Needmore Road ` 42

43 Residence at 5616 Oak Grove immediately to the south of the dead end ` 43

44 Abandoned and damaged truck parked on Oak Grove Avenue ` 44

45 This dead-end section of Oak Grove Avenue no longer serves a legitimate purpose for the road system of the Township and does not serve the traveling public. 45

46 Old Springfield Road 46 `

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48 Old Springfield Road- circa `

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51 Lamme Road `

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53 53 Questions?