Figured id reply here, rather then fill someone else's private road thread...
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@JRH02 JRH02, post: 7433610, member: 352657"]I would love to resist that one in court. I have no contract with a sudden organization that pops up by a group that doesn't even live here. But someone having that problem must be in a place close to a metro area with neighbors who think like city people.
We are far off grid and extreme with all private ownership by non-resident owners and an ancient logging trail that meanders through a deep canyon. Everyone has wordage in their abstract that grants access to the folks further back. Where this is a long standing issue comes up: just because they and guests have every right for
access to their land across ours doesn't mean they can have children, grandchildren and guests on ATVs, SbyS and dirtbikes (and we don't know who they are) exploring every backroad and offshoot on private property of others. That non-resident neighbor has my blessing to come to visit from whenever if they have business with me or just want to say hello. But having anyone treat my land like a city park, Oh, no, no. And don't be trespassing, unknown or unaware, armed to the teeth and helping your self to my piece of heaven.
"This is a public road!" Nope, it sure isn't. And I will educate the offender. Y'all wouldn't believe some of the stories we have. These are NOT 2-3 acre parcels. Most are 40-80 with a few 20's. All of this land came from the original sheep ranch 100+ years ago and was subdivided 50 years ago. This is still predominant ranch land in the higher prairies and open spaces. A judge would toss a forced HOA in a heartbeat.
Learn the culture of an area. Don't move there and think you are going to bring your version of improvements and force them upon people who were there before you. That isn't freedom. It's communism.[/QUOTE]
As a beneficiary, which the OP would be, a better road, increased property value, ect, even if he doesnt like it; there ARE mechanisms to enforce. It could be a MSTU, and sure, he votes against it, and it passes, they absolutely have the power to make special assessments against the property, and take it for non payment. Another way would be get a judge to determine the road is a decacto road, and as a joint owner, the larger group could absolutely sue for his % of the cost of improvement.
Not saying any of that Will happen, or that there arent road blocks between now and that, but its not like a hard, fast, "can't ever happen".
There are also other ways to deal with it, the county could get it declared a public easement (which based on the number of properties, it probably should be), and the county would likely have ways to force benefitting properties to pay their share of a needed upgrade.
Anyone who thinks "its mine, nobody can touch it" is living in fantasy land. Right of Ways, they generally try the carrot first, but they do have a stick. Most State DOTs, and county engineering departments try to play nice, they will offer above tax value to purchase, just to make it easy, but they dont have to pay above tax appraised value. They Do need to show the Need to take, its not just on a whim, or cause its easy.
I dealt with an incident a couple years ago; guy discovers his property has a gas main (little 4" steel distribution line) running well across his property, like 50 ft into his property. Gas company calls me for help, trying to track down Why, is there an easement, old ROW, or what; its been in the ground like 70 years. Dig and dig, can't find Anything that allows it. So, after a few months, gas company relocated it to the public ROW. I mean, we DUG, trying to help the gas company, 1930s right of way maps, old scanned deeds, maps of the road before it was moved in the 1950s, ect
I talk to the gas director; why didnt you just get at easement by eminent domain? He said, he wanted to, and he easily could have, but his board wanted to keep the peace, and rather then kill a commercial project (location and size of buildings would be restricted as they couldn't build over his GM), the board said just move it.
Edit; maybe an important part is the gas "company" is a utility authority; basically a private, for profit business, owned by the city. They transfer the profits to the city goverment at the end of the year. So, quasi goverment, quasi private. Not that a private utility can't force easement for "public benefit", its just easier with a city/county authority, than a 100% private, for profit, utility.
