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    btbaxter's Avatar
    btbaxter Posts: 1, Reputation: 1
    New Member
     
    #1

    Apr 25, 2015, 04:50 AM
    State responsibility to maintain access
    I live in CT and the state abandoned he section of highway I need to access my driveway.

    It needs repair and it needs to be plowed in the winter.

    I can't do it.

    I was told the state has responsibility.

    Is that true? They are fighting me.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Apr 25, 2015, 05:30 AM
    Have the closed the road? Are they allowing the properly to go back to the owners where the easements were taken?

    Who else uses the roads.

    I would also assume there are 1000's of roads that are not taken care of very well, and that do not get snow cleared. While not your state, the roads to my home in America are never clearned of snow, and some of the pot holes could lose a small dog.

    With that said, we could all say it is their duty, but that will not make them. You will have to, if they refuse, sue in court to make them do that duty. So at this point, you may as well find a local attorney.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #3

    Apr 25, 2015, 05:39 AM
    How long is this stretch of road? You didn't even tell us who told you that it's the state's responsibility. I live in CT too. I didn't think there was any such thing as abandoned state roadways. The TOWN takes over, as far as I know. Maybe someone in town hall is passing the buck? Ask to see the official town maps. NOTHING is left 'abandoned.' I suppose you could say, OK, I hereby claim this land.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Apr 25, 2015, 07:29 AM
    Roads are maintained on four levels: Federal, State, County and Town. The interstate highway system is maintain by the Feds, but usually under state oversight. State roads are maintained by the State, etc.

    It is unlikely for a state road to be abandoned. However, a County or Town Road might be abandoned if a) it only services a few properties and b) it is not a through road to someplace else.

    So your first order of business is to determine is this actually a state highway? And I doubt seriously if it is a real highway that it would be abandoned. Or is it a county or town road. I would start with the most local level and check with their Dept of Transportation or equivalent.

    If the road has truly been abandoned, then it is likely that the easement has reverted to the properties that the road provides access to. In that case, you form an association that pays dues to maintain the road.

    I am also curious who told you the state had responsibility.

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