Laserfiche WebLink
Mjs i :• <br />to Tom <br />City <br />repairs <br />Is, and <br />nstorm. <br />access <br />has <br />le public <br />visible and <br />Fuller. 220 <br />5erty for <br />5ility that <br />■y <br />a land <br />public use <br />jment that <br />_v^_probny, <br />(1 in pais <br />ir <br />eland, 38 <br />from <br />tes that <br />as a <br />2 rods from <br />). Some <br />statute to <br />would be <br />Road would <br />iptive <br />ion is not <br />for a <br />^as express <br />i etaintain <br />That <br />I <br />Ls is <br />i <br />m <br />15. <br />S'\' ■'.Vv * • .trr ^ : .Mfr' <br />A general police power right to repair public streets <br />is consistent with property law concerning easeraencs. The owner <br />of an easement is said to have all rights incident and necessary <br />to its enjoyment. See 25 Am. Jur. 2d Easements and License § 72 <br />(1966). Certainly repair is necessary to enjoy the benefits of <br />a road access. in fact, some authorities find an easement owner <br />possesses a duty to keep it in repair and thus holds a <br />"secondary easement" to enter and make necessary repairs id at § 85-86. -r t- • _H- <br />There are, however, limits to any right to repair. An <br />easement is not of unlimited size. Any repair could not be used <br />as a way to expand the size of the public access. Such action <br />would require the condemnation of new property. <br />Thus, in answer to your question 1(a), the City has the <br />legal right to repair Crystal Bay Road. Such authority arises <br />from statute and property law principles. As to questions 1(b) <br />and 1(c), both repairs seem necessary as a matter of public <br />safety and to protect the public access easement. As long as <br />these repairs do not expand the access, such repairs should be <br />within the City’s authority. <br />I would consult the City Engineer about question 1(d) <br />regarding state safety standards. As a matter of law, it seems <br />unlikely that a partial repair would trigger some otherwise <br />inapplicable road design standards. The road either complies <br />with current standards or not. It may be important whether the <br />road was constructed with State financial aid. I have tried <br />unsuccessfully to call you several times on this issue. If you <br />want further research, please advise me. <br />5066j <br />•tee-’ <br />••T¥ <br />/ . <br />Att <br />Re; <br />Dea <br />Desi, <br />Desij <br />the <br />anch( <br />Ve es <br />sectj <br />linea <br />coapl <br />If yo' <br />Yours <br />bones: <br />Glenn <br />CRCtli <br />c*-~ ^ t