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  1. #1
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    Sep 2007
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    Default Unused Public Roadway Right-of-Ways

    Esteemed Legal Minds,

    I have a somewhat unusual question. I'm attempting to convince a public agency devoted to natural land preservation (i.e., a state Department of Natural Resources, or a Forest Preserve District) that it would be advisable to vacate several miles of unused roadway ROWs on their properties. These exist due to planned developments on the various sites from decades ago that were ultimately abandoned after the property was purchased by the aforementioned agency.

    Am I correct in believing that, since these are public easements, or rather, easements for public roads, that a member of the public thus would have the right to simply camp out within the easement corridor if he/she so wished? And that they could do so without the approval of the agency which technically owns the land?

    Thank you in advance for your assistance; I realize that this isn't the most common of queries.

  2. #2
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    Default Re: Unused Public Roadway Right-of-Ways

    What in the nature of an easement for a public roadway would give you the impression that the area covered by the easement is transformed into a free campground?

  3. #3
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    Default Re: Unused Public Roadway Right-of-Ways

    Quote Quoting Mr. Knowitall
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    What in the nature of an easement for a public roadway would give you the impression that the area covered by the easement is transformed into a free campground?
    Apparently foolishly overreading the meaning of such an easement. The logic here being thus: The public has the right to freely use a public roadway. Said members of the public can't set up shop in the middle of the road, but, to the best of my knowledge, have the right to traverse the land at their leisure and in general remain upon it for as long as they wish (as long as they are not impeding others). Not being a legal mind, this understanding stems simply from everyday experience (hence my desire to inquire on this forum as to whether said experience was an accurate portrayal of the underlying legal situation)

    The campground example was simply an attempt, albeit a poor one, to translate this apparent right of free use to a situation in which the roadway ROW _has_ been established, but no road has in fact been built. I assume however from your reply that this is an incorrect reading of the situation?

  4. #4
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    Default Re: Unused Public Roadway Right-of-Ways

    A safe interpretation.

  5. #5
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    Default Re: Unused Public Roadway Right-of-Ways

    Quote Quoting Mr. Knowitall
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    A safe interpretation.
    Many thanks!

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