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Forcing city to take over private road

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BiznessAssnPrez

Junior Member
What is the name of your state (only U.S. law)?
Washington state.
I am the president of a business association on a private road, which the city has grown around. There are 29 business properties on the private road.
We are in the city limits, and are subject to city laws and taxes.
The city is wary of taking over the ownership of the street, as they say they can't be sure of how well it was built (the ballast, or foundation of the roadway), and they don't want to take over a road that will incur the cost of repaving soon.
The city has assured us that they don't use our private road, yet we see city vehicles taking short-cuts along our private road, and a public school's baseball field and a pedestrian entrance are from our private road.
My thoughts:
The road has been in place for over twenty years, and it isn't failing. I think it has withstood the test of time, so the city shouldn't be concerned about that.
Also, I don't expect any property owners are going to ask for payment, such as may be common in eminent domain situations.
We just want the city to recognize this road as commonly used by them and other city residents, and for them to police and maintain it. We business owners aren't in the road business.
What other arguments or precedents should we bring up?
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)?
Washington state.
I am the president of a business association on a private road, which the city has grown around. There are 29 business properties on the private road.
We are in the city limits, and are subject to city laws and taxes.
The city is wary of taking over the ownership of the street, as they say they can't be sure of how well it was built (the ballast, or foundation of the roadway), and they don't want to take over a road that will incur the cost of repaving soon.
The city has assured us that they don't use our private road, yet we see city vehicles taking short-cuts along our private road, and a public school's baseball field and a pedestrian entrance are from our private road.
My thoughts:
The road has been in place for over twenty years, and it isn't failing. I think it has withstood the test of time, so the city shouldn't be concerned about that.
Also, I don't expect any property owners are going to ask for payment, such as may be common in eminent domain situations.
We just want the city to recognize this road as commonly used by them and other city residents, and for them to police and maintain it. We business owners aren't in the road business.
What other arguments or precedents should we bring up?
**A: there is no requirement for the city to buy the private road.
 

BiznessAssnPrez

Junior Member
Persuading city to take over private road

What inducements can we offer, to get the city to take over the road?

Public safety is one, as now they might say they legally can't stop someone from driving 60mph on our road (though we installed speed bumps).

Can we block the access to the school baseball field, saying they (students, ahtletes, spectators, maintenance crew) can't cross our private property, to get there?
 

FarmerJ

Senior Member
Perhaps you may wish to talk to every commercial user on the road to learn if they would be interested in blocking the one end off from its other connection to public street , if they dont want to then not much you can do to eliminate that traffic , the road can be posted private road but that still likely wont stop walk thru traffic. Any one get pics of city vehicles short cutting thru ? if they have then offer them to your city council person and ask if you cannot get the road to be taken over by the city you want to know why its vehicles short cut thru it. (might be pointless though)
 

strongbus

Member
put a gate just after the last business driveway. This way no one can drive to the field or such. post that anyone going past that point will be charged with tresspassing and when people do call the cops. After a while what will happen is people will complain to the city that they can't get to the school field or such and the towns going come to you to remove the gate. Just tell the town that if they want the gate removed then they have to take over the road. If they don't then the gate stays, and you will call cops when people tresspass past the gate.
 

HomeGuru

Senior Member
put a gate just after the last business driveway. This way no one can drive to the field or such. post that anyone going past that point will be charged with tresspassing and when people do call the cops. After a while what will happen is people will complain to the city that they can't get to the school field or such and the towns going come to you to remove the gate. Just tell the town that if they want the gate removed then they have to take over the road. If they don't then the gate stays, and you will call cops when people tresspass past the gate.
**A: it has not yet been established as to who owns the road.
 

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