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STATE HIGHWAY RIGHT OF WAYS

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lbrown59
Join Date: Sep 2004
Posts: 931 First Organized Permanent Settlement In The Northwest Territory.
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2005-06-06          111977




Who is responsible for maintenance repair improvements and up keep of roadside ditches?
Is it the State or the Land Owner?


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____________________________________________________________________________________
STATE HIGHWAY RIGHT OF WAYS

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funchy
Join Date: May 2004
Posts: 128 north eastern corner of Maryland
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2005-06-06          111979


I'd say it would depend on your state.

In my area if I wait long enough the county comes by and mows along the county road alongside my property. But they certainly don't do a frequent job of it.

What is it you're having a problem with? ....

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STATE HIGHWAY RIGHT OF WAYS

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yooperpete
Join Date: Jan 2004
Posts: 1413 Northern Michigan
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2005-06-06          111981


Some states may be different but in Michigan you need to get a permit to put in a driveway culvert. You have to pay to put in a driveway. The county or State will mow the grass maybe twice during the summer. If there is a defect in a small area of the ditch they may repair it at no cost. If the ditch requires a major dredging for quite some distance, the county or state will put it in the budget and property owners will vote for a millage increase. If you have say 1/4 mile that you want cleaned out, you pay for it. If small brush or trees are growing unsightly, you can remove them. Once in a while during the winter months, a county or State workcrew may come by to cut and chop it up. You have to wait a long time. If you are persistent and call often you may get it done sooner. ....

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STATE HIGHWAY RIGHT OF WAYS

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Billy
Join Date: Oct 1999
Posts: 975 Southeast Oklahoma
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2005-06-06          111989


In Oklahoma, it's the state. After all, it does belong to them. ....

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STATE HIGHWAY RIGHT OF WAYS

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kyvette
Join Date: Feb 2004
Posts: 194 Central Kentucky
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2005-06-06          111993


In Kentucky it depends on who owns the highway. Federal and State owned roads and right-of-ways are maintained by their contractors. We also have county and city owned roads. Typically, the county and/or city will maintain their roads and right-of-ways using their own employees.

I ask the county road superintendent if they would install a catch basin and pipe the ditchline at my property. He said they considered that landscaping and wouldn't do the work. However, he didn't have a problem if I did the work.
....

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STATE HIGHWAY RIGHT OF WAYS

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lbrown59
Join Date: Sep 2004
Posts: 931 First Organized Permanent Settlement In The Northwest Territory.
TractorPoint Premium Member -- 5 Tractors = Very Frequent Poster

2005-06-08          112102


The issue is the condition of the ditch : <>

It is excessively deep ranging anywhere from 1 to 3 feet deeper than it ought to be in places.
The excessive depth has resulted in the side walls of the ditch caving in on both sides of it.
I've lost 3 or 4 feet of my front lawn in spots where the ditch has caved in.

I applied for a permit to install a 40 foot culvert 60 feet below the present 40 foot drive way in an effort to reduce the hazard of entering and exiting the highway at the dangerous present blind drive way and to achieve a shorter more direct approach driveway to the garage that I built closer to the house than the distance the old drive is from the house.

The state would not issue me a permit for the 40 foot of driveway culvert unless I linked the new culvert to the old culvert by repairing the 60 feet of ditch between them and installing 60 feet of culvert to connect them.

This appears like a ploy to get me to take on their responsibilities at my expense.
If I do this on the 60 feet It would result in great benefits to the state.
1*There would no longer be a ditch for them to have to mow along.
2*No ditch no more maintenance for the state.
3* No more expenses for the state for repairs on the ditch as this would shift that responsibility over onto me.
Pretty nice free gift to the state and free up keep and repairs for them forever.
How sweet A deal for the state.

I've lived here for 39 years and the state has always taken care of the ditch.

My question is why all of A sudden is it now my responsibility to not only repair the 60 feet of ditch between the old and new culverts but on top of that upgrade the ditch by installing 60 feet of culvert in the ditch?
Let's see buy the state 60 feet of culvert $375
Give them 10 truck loads of dirt to cover the culvert $500 Give them free use of my BX 23 $225.
Darn nice 1100 dollar gift from me to the state don't you think?
The 1100 don't cover the cost for the dirt and the use of my tractor on the 40 foot repair of the ditch for the driveway culvert.

As I see it the only obligation to me is the cost of the 40 feet of culvert for the new driveway the cost of the fill dirt over the 40 feet of covert and the operating cost of my tractor while installing the 40 foot culvert.

Somehow I get the feeling the state is trying to take me for a ride.






....

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STATE HIGHWAY RIGHT OF WAYS

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funchy
Join Date: May 2004
Posts: 128 north eastern corner of Maryland
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2005-06-09          112123


You got to think of it from their point of view.They feel they won't benefit if the nice edge of your lawn is protected...or your driveway has a nicer entrance. Their interest is simply in keeping the roadway passable and directing roadway runoff away from the road.

Fair or not, they're the government and can do what they please.

I think you're better off not staying angry. If this project is important and you have the $1000, do it... otherwise try to find a cheaper way to control erosion (line top of ditch with stone?) or just forget about it. Either way it's not worth losing sleep over. ....

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STATE HIGHWAY RIGHT OF WAYS

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harvey
Join Date: Sep 2000
Posts: 1539 Moravia, NY
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2005-06-12          112249


My first concern with your project is who is doing the work and will bear the resposnibility when some moron rolls their car over and wants to sue. Especially the idiot that is gawking at the work and forgets to watch where they are going.

We blame the state for a lot of their slowness to do stuff but when you look at the lawsuits they get and any contractors involved it is not hard for me to blame them.

The work can be done perfect with in established and proven procedures and the law suits will happen for any stupid reason. ....

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