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Home»News»Catch 22: Right-of-ways are municipal property, but city not responsible for maintenance
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Catch 22: Right-of-ways are municipal property, but city not responsible for maintenance

Jerry A. HudsonBy Jerry A. HudsonFebruary 10, 20150 Views
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City Commissioners Bob Moore (r) and Marty Swain discuss right-of-way issues Monday, Feb. 9.
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The City of Douglas says property owners are not allowed to modify municipal right-of-ways adjacent to their properties. However, if they wish to have these areas aesthetically maintained, the city is under no obligation to do so.

The issue was brought before the city commission Monday night during their regular work session after a local business requested to place a barrier on a right-of-way to deter vehicles from driving on the grass.

Owners of Burger King on N. Madison Ave. asked the commission for permission to place several wooden posts on the right-of-way on E. Walker St., which is adjacent to the parking area. Owners stated they have installed sprinklers and maintained the area themselves, including hauling dirt to fill in ruts made by vehicles driving on the grass.

Commissioner Ronnie Anderson was the first to voice his opposition to the request, stating that right-of-ways are city property and should anyone ever have an accident by striking the proposed structure, the city could be named in a lawsuit.

“I don’t recall (the Burger King owners) ever asking permission to install sprinklers on that property in the first place,” Anderson stated. “If we let one person do this, it’s going to open the doors to others.”

During their discussions on the matter, it was brought to light that although property owners are not allowed to modify right-of-ways, it is generally their responsibility to maintain aesthetic conditions such as grass mowing, as stated in city policy. The city is not required to maintain these areas regularly.

After some discussion, the commissioners opted to quash the request of Burger King without moving it forward for a formal vote during the regular meeting.

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