road maintenance issues

[gfro]

What is the name of your state? Ca. We (us and our neighbors on this street) live in a town and recently asked for our road to be graded. City says we're not in their maintenance system and county says it's not theirs either. City has graded our road in the past (we live right in town and we're on the map) and now we have a new administrator and he's cracking down on this ( we didn't even know we were different up till now)- apparently this was done by mistake in the past.We are a "public private road" . We're not looking for paving or fancy curbs- just simple maintenance as in the past. Now we have people acting nasty towards us because now they say it's our fault their road is bad because we want to continue to receive this and it will take resources away from them.We pay as much in taxes as people who live on a maintained dirt road.We heard that if a city does this they must continue. Anyone know of any rule regarding this? I looked in CA. codes and couldn't find it.thanks...What is the name of your state?Ca.

 

[CdwJava]

Because they used to provide a service gratis does not mean they have to continue it. You have been lucky in the past and now the city is getting fiscally responsible. There is no law that says because they used to do it they have to keep doing it.

If you want the road graded, you can either contract with the city to do it or you can do it ourselves. We have a couple such roads in our town, and they pay a maintenance fee to the city for them to provide the service. You will likely have to do the same.

- Carl

 

[gfro]

actual rulings?

thanks for the opinion- I am intersted in any court cases that illustrate this-know of any?

 

[CdwJava]

thanks for the opinion- I am intersted in any court cases that illustrate this-know of any?

Well, you can go to a local law library and look, but I would think you are not going to find one. Past practice is not generally a contract. I am an administrator in city government and we have had to deal with similar issues and the bottom line is that the city has no legal requirement absent a contract or ordinance.

You can certainly consult an attorney and see what he says, but ask for a free consultation ... unless you want to pay a couple grand for his research.

No city that is managed properly is going to GIVE away services for no return. Again, the fact that they HAVE been doing so is not a contract into perpetuity.

Consider also the law of unintended consequences ... they MIGHT decide that you and your neighbors owe the city for their efforts ... there just might be an agreement or developers contract somewhere indicating that you are supposed to pay them. So, before you go shaking this tree, you had better pull a lot of records.

- Carl