Town right of way question

[JW409]

I live in Vermont. Last year the property next to mine was sold. It was an undeveloped piece of land. The new owner bought it with the intention of logging it off. The first phase of the logging operation involved building up a landing at roadside for piling up logs and access for the logging trucks. To acquire the needed fill for this, the landowner paid the town a considerable sum of money, and the town then came in and dug out the drainage ditch along the road on my property and two adjacent lots, transferring the solid fill removed to the logging landing site. The digging was done within the towns right of way, however something about this does not seem quite right to me. While I understand that the town has considerable freedom to work within their right of way, I question whether removing material from private property and selling it for profit is acceptable, or even legal. There were no drainage issues whatsoever so this could hardly be considered required for road maintenance. I know that if the town decides to remove trees from the right of way they must offer the wood to the landowner (unless it is to be used for a town project such as building a bridge) and I would think that the same would apply here-the material being removed would be offered to the landowner first.
Any input regarding this matter would be greatly appreciated. Thanks.

 

[NC Aggie]

Well short answer is that the town has the right to use or sell material from town owned property, this includes land within the right of way. The common misconception is that the "right of way" along the roadway is synonymous with an easement which runs through private property. There is a clear distinction in most states. An easement implies that an entity has the rights to use land owned by another individual/entity for specific purposes with the property owner maintaining all other rights associated with the land. A right of way on the otherhand is land generally associated with roadways or railways that is owned exclusively by the entity that uses it, therefore giving them total control over such land.

 

[154NH773]

While I agree with NC Aggie in general, you might want to determine whether the land is owned by the Town or if it is actually yours. I live in an area of New Hampshire where it has been determined that the roads (including the State Highway through town) are owned by the landowners on either side out to the centerlines, and the town and State only have easements.
So it might make a difference whether they have the right to remove soil for sale to a private individual, although if they have rights to remove soil from the ditch, they probably can do anything they want with it.
Trees cut along the roads generally do not have enough value for the towns to try and sell, and they are usually more than happy to leave the wood for the landowner; and in fact many towns have such a rule.