Police Use of a Private Road

[Athenal]

My question involves an easement in the state of: Texas

We live on a Private Road that has been listed as Private road through the proper channels. We have noticed a police officer parked on the private road. We were told that since it is a private road the police could not patrol this particular road because it was private. We were wondering if this was true and what actions we could take to keep the officers from parking on our road in front of our house for no apparent reason.

[Mr. Knowitall]

We have noticed a police officer parked on the private road.

For what purpose? Why does the officer's presence offend you?

We were told that since it is a private road the police could not patrol this particular road because it was private.

By your lawyer? Your best friend? The village idiot?

We were wondering if this was true and what actions we could take to keep the officers from parking on our road in front of our house for no apparent reason.

Is the road open to the public? Parking is permissible alongside the road?

[PTPD22]

I cannot specifically speak regarding the laws in Texas. However, I doubt the laws in this area vary significantly from those here in Washington State. Here, even on private roads - as long as they are not gated or otherwise inaccessible to the public, the police are allowed to patrol and even enforce some (but not all) traffic laws. Even on gated private roads (excluding what amounts to a long driveway to a SINGLE residence or business on a large piece of private property), police can enter onto the road to enforce violations of criminal law that they observed from beyond the gate or to serve a community caretaking function (medical emergency, public hazard, etc.).

I would guess that this particular cop is parking on your road to either A) conduct traffic enforcement (either on your road or on another visible roadway) or B) simply finds it a quiet and convenient place to sit and catch up on reports and such on his laptop. If his presence truly bothers you, I would imagine that if you approached and told him so, politely and non-confrontationally while explaining your reasons, he would at a minimum move to a spot that is not right in front of your residence.

[Who'sThatGuy]

I would guess that this particular cop is parking on your road to either A) conduct traffic enforcement (either on your road or on another visible roadway) or B) simply finds it a quiet and convenient place to sit and catch up on reports and such on his laptop. If his presence truly bothers you, I would imagine that if you approached and told him so, politely and non-confrontationally while explaining your reasons, he would at a minimum move to a spot that is not right in front of your residence.

or C) there parked there to deter crime. Sometimes police sit out front of drug dens to push buyers away.

[jk]

My question involves an easement in the state of: Texas

We live on a Private Road that has been listed as Private road through the proper channels. We have noticed a police officer parked on the private road. We were told that since it is a private road the police could not patrol this particular road because it was private. We were wondering if this was true and what actions we could take to keep the officers from parking on our road in front of our house for no apparent reason.

How many people are allowed to use this road? If ALL of them object to the cop setting on their ROW as well as the servient tenant of the property itself, you can write a letter signed by all of the people and send it to the cop shop demanding they do not set on your property or ROW. After that, if the cops enter the road again, file a trespass complaint.

[Athenal]

For what purpose? Why does the officer's presence offend you?

By your lawyer? Your best friend? The village idiot?

Is the road open to the public? Parking is permissible alongside the road?

It just offends me. I actually heard it from a friend I wanted to verify the information. No the road is not open to the public. It is a private dirt road. No city or county maintenance is done on the road. We have to do the upkeep of the grass that grows on the side of the road and we have to pay to have fresh gravel brought in when necessary.

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or C) there parked there to deter crime. Sometimes police sit out front of drug dens to push buyers away.

I understand what your saying. We live in a small town under 2k population. This has caused rumors concerning my place that are not true to the effect of drugs and such things going on. None which occur at my place but rumors can cause a lot of issues.

[aardvarc]

No the road is not open to the public. It is a private dirt road. No city or county maintenance is done on the road.

That still doesn't mean it's not "open" to the public. It's not gated or otherwise restricted, so just as any vehicle could pull onto that roadway, so too could an officer. Can Jehovah Witnesses drive down the dirt road to pay a visit, or a Girl Scout mother bring her child down the road to sell you cookies, or someone pull off the roadway to check their map or directions to their destination? Then so too can an officer drive down the roadway for whatever purpose so long as that purpose isn't unlawful. If you want it to not be accessible to the public, you'll need to MAKE it so.