PRIVATE ROAD (Dirt) - CITY/COUNTY WILL NOT PAVE IT

[hcsturdi32]

What is the name of your state? North Carolina

90+ property owners live on my Father's road. Each property owner owns the road where it crosses their property (or half if there is an opposite parcel), but each must allow ingress and egress. The community has been trying for years to have the dirt road paved to provide adequate access for all the school buses, delivery couriers, and property owners. Many residents have attended county transportation committee meetings in attempt to obtain the necessary approval from the county for paving the road. The Dept. of Trans. mandates that property owners must reach consensus to donate the right-of-way before condemnation of parcels on a road may occur. The other condition is that condemnation has to be sponsored by someone willing to put up a bond to begin that condemnation procedure.

Having knowledge of the Dept. of Trans.'s mandates and laws regarding paving of secondary private owned road, it would seem appropriate for the Dept. of Trans. to pave the road (considering consensus has been reached by the community delegation). What recourse do the property owners have in lobbying for the paving of the current dirt road? In addition to the transportation committee, who should the residents speak to?

 

[FlyingRon]

Good luck.

We've got a public road (Catawba county) that we can't get the state to consider paving (it's real low on their priority). What makes you think the state has any mandate to improve your private property.

Why don't you get everyone to either dedicate the road or pursue the condemnation?

Was your road in existance before 1975? If not good luck.

 

[xylene]

Why don't y'all pave the road yourselves?

I don't mean that sarcastically.

 

[FlyingRon]

If their road is unpaved now, and was built after 1975, the state won't even consider maintaining it.

If it is currently paved (or older than 1975), they might pick up maintenance (although the priorities are such that it can take years).

I don't know of any mandate or practice where NCDOT has taken care of PRIVATE roads.
My subdivision in NC is mostly on private, paved, roads and we take care 100% of pavement, maintenance, signage (of which the government has specific requirements that we have to follow even though it is private).

 

[hcsturdi32]

Thanks FlyingRon! I was afraid of that. The community has already started forming an association geared to financing the project through the property owners. They have determined that it will take upwards of $70k to grade the road, create sufficient drainage, pave the road, etc. Looks like they'll be saving up for some time if they ever want to drive home from the car wash with a clean car.

 

[HomeGuru]

What is the name of your state? North Carolina

90+ property owners live on my Father's road. Each property owner owns the road where it crosses their property (or half if there is an opposite parcel), but each must allow ingress and egress. The community has been trying for years to have the dirt road paved to provide adequate access for all the school buses, delivery couriers, and property owners. Many residents have attended county transportation committee meetings in attempt to obtain the necessary approval from the county for paving the road. The Dept. of Trans. mandates that property owners must reach consensus to donate the right-of-way before condemnation of parcels on a road may occur. The other condition is that condemnation has to be sponsored by someone willing to put up a bond to begin that condemnation procedure.

Having knowledge of the Dept. of Trans.'s mandates and laws regarding paving of secondary private owned road, it would seem appropriate for the Dept. of Trans. to pave the road (considering consensus has been reached by the community delegation). What recourse do the property owners have in lobbying for the paving of the current dirt road? In addition to the transportation committee, who should the residents speak to?

**A: absent any previous agreement, the government has no obligation to pave a private road.