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County Right-of-way ownership?

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Scroffert

Junior Member
What is the name of your state? Florida

First time on the site... Here's my situation.

I moved into a large subdivision that is still under construction. The other morning, some guy was placing a "Fido Station" in the area of my yard that's between the sidewalk and the street, which I guess is called the County Right-of-way. FYI, a fido station is a combination of a sign telling dog owners to clean up after their pets, then it includes a bag dispenser and a garbage can. Needless to say, I was a little fired up when I found out there'd be a garbage can full of dog poop sitting in my yard.

Anyway I found out that he was doing this under the direction of the developer. The developer claims that the County has provided him with the discretion to place items in the County Right-of-way (including signs, benches, trees, etc.). After discussions with the developer, they let me know that they were also planning on placing a garbage can next to the community mail box in that same area.

There are a couple elements that I question from this scenario:

1) What is the county allowed to do with the County Right-of-way? It was my understanding that the land between the sidewalk and the street was my property and the county has an easement on it for various items necessary to serve the community (mailboxes, street signs, utilities, etc). Is this correct, or does the County actually own this land? Even if the county owns the land, are they limited in how they may make use of the land? It doesn't seem appropriate that county could place items such as garbage cans or "Fido stations" in people's yards.

2) Even if the county did have the right to do this, would the county have the right to give this discretion to the developer?

I appreciate anyone's assistance with this.

- SteveWhat is the name of your state?
 


seniorjudge

Senior Member
Scroffert said:
What is the name of your state? Florida

First time on the site... Here's my situation.

I moved into a large subdivision that is still under construction. The other morning, some guy was placing a "Fido Station" in the area of my yard that's between the sidewalk and the street, which I guess is called the County Right-of-way. FYI, a fido station is a combination of a sign telling dog owners to clean up after their pets, then it includes a bag dispenser and a garbage can. Needless to say, I was a little fired up when I found out there'd be a garbage can full of dog poop sitting in my yard.

Anyway I found out that he was doing this under the direction of the developer. The developer claims that the County has provided him with the discretion to place items in the County Right-of-way (including signs, benches, trees, etc.). After discussions with the developer, they let me know that they were also planning on placing a garbage can next to the community mail box in that same area.

There are a couple elements that I question from this scenario:

1) What is the county allowed to do with the County Right-of-way? It was my understanding that the land between the sidewalk and the street was my property and the county has an easement on it for various items necessary to serve the community (mailboxes, street signs, utilities, etc). Is this correct, or does the County actually own this land? Even if the county owns the land, are they limited in how they may make use of the land? It doesn't seem appropriate that county could place items such as garbage cans or "Fido stations" in people's yards.

2) Even if the county did have the right to do this, would the county have the right to give this discretion to the developer?

I appreciate anyone's assistance with this.

- SteveWhat is the name of your state?
Q: Needless to say, I was a little fired up when I found out there'd be a garbage can full of dog poop sitting in my yard.

A: It's not your yard.
 

Scroffert

Junior Member
seniorjudge said:
Q: Needless to say, I was a little fired up when I found out there'd be a garbage can full of dog poop sitting in my yard.

A: It's not your yard.
Any thoughts on limits for what the County can place in that strip of land, and to what extent they can provide that discretion to a developer?

Even if it's not my yard, it's clearly not the developer's yard. Additionally, since I'm the one who primarily takes care of the yard, and since anything that happens to that stip of land has a direct effect on my property value, it would make sense that I would at least be provided an opportunity to dispute the placement of garbage cans on my property. Particularly those placed by a third party, not the county.
 

jimmler

Member
Scroffert said:
Any thoughts on limits for what the County can place in that strip of land, and to what extent they can provide that discretion to a developer?

Even if it's not my yard, it's clearly not the developer's yard. Additionally, since I'm the one who primarily takes care of the yard, and since anything that happens to that stip of land has a direct effect on my property value, it would make sense that I would at least be provided an opportunity to dispute the placement of garbage cans on my property. Particularly those placed by a third party, not the county.
I would suggest going to your local planning office and looking at the construction drawings for the subdivision and roads that should be on file there. This is public information. You could also check out the local roads department, and ask the questions about who is allowed to do what in the county ROW. You will probably need to take off a full day to do this, as counties are notorious for giving you the run around when trying to find information (which is why you probably have to go there in person, not try to get info over the phone). Also, try to speak to the highest up person in the dept. you are in, to get good info, and follow up with a letter to them, asking for the same information they gave you that day in writing.

You can also look at your covenants and restrictions (if there are any) and see if this issue is addressed there (they will probably be recorded at your local court house, you may be able to get the reference off the construction plans at the local planning office, or the reference could be in your closing papers somewhere).

I am not a lawyer, I have been in surveying and dealing with county departments since 1989.
 

Scroffert

Junior Member
jimmler said:
I would suggest going to your local planning office and looking at the construction drawings for the subdivision and roads that should be on file there. This is public information. You could also check out the local roads department, and ask the questions about who is allowed to do what in the county ROW. You will probably need to take off a full day to do this, as counties are notorious for giving you the run around when trying to find information (which is why you probably have to go there in person, not try to get info over the phone). Also, try to speak to the highest up person in the dept. you are in, to get good info, and follow up with a letter to them, asking for the same information they gave you that day in writing.

You can also look at your covenants and restrictions (if there are any) and see if this issue is addressed there (they will probably be recorded at your local court house, you may be able to get the reference off the construction plans at the local planning office, or the reference could be in your closing papers somewhere).

I am not a lawyer, I have been in surveying and dealing with county departments since 1989.
Thanks, I'll give it a shot.
 

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