Road Paving Resulting in Loss of Trees and Landscaping

[emuq]

My question involves a right of way in the state of: Michigan.

I have some beautiful huge 150+ yr old trees that add value to the property and sentimental value too, for our family. They are scheduled to be removed early next week for a road paving plan.

It's upsetting because there was no formal notification, nothing - I had to ask the construction crew today what was going on. The trees are quite a ways in from the road.

Questions: Do I have any rights? Who do I contact to find out if they're encroaching past their certain amount of feet (like 15) they have from the center of the road etc? Is there any chance for compensation, etc? Right to refuse?

I just want to know if there's any chance in not removing the trees or if it's pointless. Thank you for your advice.

[LandSurveyor]

Where are they located?

If in the existing road right of way they can probably take them out without further reference to you or anyone. If they are outside of the right of way and on your property, you have a legal issue.

In Michigan, you need to be dealing with your elected county commissioner who will hopefully be able get the attention of the county highway department. The local tv station might also be interested in the removal of 150 year old trees.

Good Luck!

[emuq]

Where are they located?

If in the existing road right of way they can probably take them out without further reference to you or anyone. If they are outside of the right of way and on your property, you have a legal issue.

In Michigan, you need to be dealing with your elected county commissioner who will hopefully be able get the attention of the county highway department. The local tv station might also be interested in the removal of 150 year old trees.

Good Luck!

ok thank you I will try to contact them. I need to go measure - the trees seem about 20 ft from the center of the old dirt road.

It looks as though they've cleared 30 feet in both directions from the center of the old road - does 60 feet right of way sound right for a rural township road in southwest MI?? It seems ridiculously huge - this road is not a main road to anything, just an old road with some homes on it - not a through street or anything.

One question...IF they went too far in on my property alone (which it actually looks like they did)...would that be grounds for me to refuse any further action? Or would they still be able to take out what was legally on their right of way area in my yard?

[Mr. Knowitall]

Nothing about their accidental removal of vegetation from outside of the right-of-way will prevent their exercise of their rights within the right-of-way.

The removal of trees from the shoulder areas of roads is about making the roads safer for travel. When drivers lose control and go off of the road, from their perspective it's best that they hit an empty space as opposed to a tree.

[emuq]

Would there be anybody or any reference online I could find over this weekend that would tell me the right of way distance they're allowed?? 30 ft from center seems an awful lot to me. I would like to verify it.

I fear I don't have much time with it being a holiday weekend I may not catch anyone in time before the removal.

[Mr. Knowitall]

You can look at title records and surveys. What you might find online, I can't say, but my guess is 'not much'.

[jk]

Would there be anybody or any reference online I could find over this weekend that would tell me the right of way distance they're allowed?? 30 ft from center seems an awful lot to me. I would like to verify it.

I fear I don't have much time with it being a holiday weekend I may not catch anyone in time before the removal.

actually, depending on when the ROW was created, it could easily be 66 feet (total). That is a standard width for ROW's from at least the 60's in most area of SW MI. There was a narrower ROW further in the past. Don't remember what it was or when they went to the 66' width.

Now, there are some originally private roadways that have been accepted as public roadways that might be narrower.

Can you list the county you are in?