CDA Residents Get Friendly Reminder to Fix Sidewalks
Coeur d'Alene is taking a hard line with property owners with damaged sidewalks. Read the story and let us know if you think this is fair, or if you're one of the people who received a 'reminder' letter.
The City of Coeur d’Alene’s approach to this sidewalk repair by homeowners policy is totally wrong. First, the sidewalk is on City right-of-way and therefore should be the City’s responsibility. I don’t see how legally the City can force someone to fix a problem on property they don’t own. Secondly, the tree roots from the trees which are also on the City’s right-of-way are creating a lot of the problem. Again, I don’t see how that is the homeowners problem. I’m surprised someone hasn’t contacted their attorney to fight this policy.
That's the way things are done over in Spokane too and it's just generally accepted. I know people who have fought it, notably when a tree root on City right-of-way grew through a friend's sewer hookup pipe. They went round and round with the City but finally gave up after going without a toilet for too long. Guess you have to choose your battles...
I wonder if there's any city in the US where property owners don't have to take care of the sidewalk and planting strip. It's the rule in every city I've encountered so far. I did ask an an attorney about this a few years ago and was told it's a very old practice that stems from how public right-of-way works in our country. Turns out the City doesn't really "own" the street property in most cases. The right-of-way is just held by the city so long as it serves a transportation purpose. Sometimes when a right of way isn't needed for a street any longer, the city will "vacate" it, and the property reverts back to the adjoining owners. I guess that must mean property owners have some sort of nderlying "ownership" all the way to the center of the street. There's a scary thought. I'd hate to be responsible for patching all those potholes too. Carole
3 comments:
The City of Coeur d’Alene’s approach to this sidewalk repair by homeowners policy is totally wrong. First, the sidewalk is on City right-of-way and therefore should be the City’s responsibility. I don’t see how legally the City can force someone to fix a problem on property they don’t own. Secondly, the tree roots from the trees which are also on the City’s right-of-way are creating a lot of the problem. Again, I don’t see how that is the homeowners problem. I’m surprised someone hasn’t contacted their attorney to fight this policy.
That's the way things are done over in Spokane too and it's just generally accepted. I know people who have fought it, notably when a tree root on City right-of-way grew through a friend's sewer hookup pipe. They went round and round with the City but finally gave up after going without a toilet for too long. Guess you have to choose your battles...
I wonder if there's any city in the US where property owners don't have to take care of the sidewalk and planting strip. It's the rule in every city I've encountered so far. I did ask an an attorney about this a few years ago and was told it's a very old practice that stems from how public right-of-way works in our country. Turns out the City doesn't really "own" the street property in most cases. The right-of-way is just held by the city so long as it serves a transportation purpose. Sometimes when a right of way isn't needed for a street any longer, the city will "vacate" it, and the property reverts back to the adjoining owners. I guess that must mean property owners have some sort of nderlying "ownership" all the way to the center of the street. There's a scary thought. I'd hate to be responsible for patching all those potholes too. Carole
Post a Comment