Public rights-of-ways (ROW) are frequently the corridor of choice for the installation of utilities. In evaluating the viability of these corridors, the widths of the right-of-way, the location of pavements and the presence of other utilities are considered. What may not be accounted for is the use of the public ROW by private entities and individuals.
A close review of historical records and aerial photography may reveal that over time, private individuals and privately owned business have taken over the use of a part of the public ROW. How are these situations considered when planning the installation, management or maintenance of water and sewer lines? What rights do these private users have and what can be done to remove or relocate these users?
Owners and engineers frequently come upon these private and at times non-authorized uses of the right-of-way without having a plan to address these situations. Avoiding or removing the non-authorized user’s facilities may cause the project unexpected delays and increased costs along with potential public objections.
This presentation will present examples of the ways ROW is created, examples of legal and permitted uses as well as illicit uses. The presentation aims to assist the participant in identifying these types of uses. Included in the presentation will be a discussion on potential ways to address impacts and mitigate objections to the implementation, management, and maintenance of utility systems.