City water tower and gas main building located on private driveway, should city have to maintain the road?

Question

I live at the end of a 1/4 mile private driveway with five other homes. The driveway was originally built for access to a 200 foot radio tower in the 40's which is still in use. Many years ago the city built a very large water tower on the drive and at that time paved the road. Due to lack of maintenance the road fell apart and was eventually demolished by the city and graveled. This was nearly 20 years ago before I moved into my home. Also located on the road is a city gas main building. These structures are accessed by the city monthly if not weekly. My neighbors and I have always split cost of road maintenance with some help from the radio station whose tower is located along the drive. The city does not cinder or plow the road in the winter. My question is should the city be responsible for maintaining this road? Does the paving at one time by the city show admittance of maintenance responsibility for utilities that are valuable to all the public?

Answer 1

Read your deed to your property, that will be the controlling document. I would bet the 5 of you own the road and are responsible for maintenance, with the city having an easement over it to get to their tower. Because they were nice enough to pave it once 20 years ago didn't make a contract for them to maintain the paving forever.

Answer 2

I would go to your local City Council and look into thier records, (yes, everyone can see them, as they are open records), and get everything you can find out about when the towers and other utilities were put in and what they said about such as maintaining the road conditions. It should be in there.

I would also contact your council man/woman and see what can be done about this situation. They may bear some responsibility since it is no longer a "private drive", because if it was, then a private drive has to be shut down for a day, once a year. Since the utilities have a "right of way" access there, they may bear the responsibility to maintain the road or share the cost.

I wish you well...

Jesse

Answer 3

You said they demolished the road and graveled it. So they aren't going to plow a gravel road.
First call the dept of highways and talk to them, and then talk to your alderman, city council member, or whoever represents you to your city government. You will then have to get a petition going and have all property owners sign it, then maybe the govt. rep can pull some strings and eventually get the road paved. It may be tough, since you are talking about a 1/4 mile and there are only 5 houses. I wish you luck.

The above was how I got a street light installed in my neighborhood.

Answer 4

Brief answer? No, the city should not be required to maintain the road.

Reason is that they originally graveled it after digging up any paving (asphalt, bricks, cinderblocks or concrete). Gravel roads are rarely, if ever, re-graveled due to their very nature.

If you want to petition the city (or State D.O.T.), you can try, but I doubt you'll have much success.