Northeast US - Sidewalk repair along state-owned Right of Way (ROW) 1

[RHTPE]

I have been asked to serve on a task force to determine the best course of action for my local municipality. This is perhaps more of a legal question than an engineering one, but I'm hopeful that someone has encountered a similar situation.

We have a mill village area that was developed long before the road along the mill was taken over by the State. The original mill owner had constructed a sidewalk along the road. At some point in time (many decades ago) the State improved the pavement and a bridge and may (or may not) have performed repairs to the sidewalk.

The sidewalk has since fallen into a state of disrepair. The State DOT disavows any responsibility for the maintenance of the sidewalk, even though it may be within their ROW. The mill owner feels the responsibility belongs to some entity other than himself, as the sidewalk serves a (very) small portion of the general public and is (technically) not on his property. The Town disavows all responsibility as they did not construct the sidewalk nor did they require its construction.

My questions for the members of the Forum:
1. Has anyone been involved in a similar situation and, if so, how was it resolved?
2. In a community in excess of 2 centuries old, how do local ordinances handle situations like this (we have no such ordinance)?
3. Does anyone have language for such an ordinance?

Keep in mind that this is not a small city - this is a small mostly rural/suburban (sidewalk-free) town. Our subdivision regulations suggest that sidewalks may be required, but the Planning Commission is loath to require them, as in all situations to date any sidewalks in new subdivisions would not connect with existing sidewalks that actually led somewhere. Which is probably why we have no local ordinance that addresses the sidewalk maintenance issue.

Ralph
Structures Consulting
Northeast USA

 

[BigInch]

My guess is that you don't play enough 7 card stud.

I hate Windowz 8!!!!

 

[RHTPE]

You would be correct - not a poker player - just Blackjack.

So if there was a pun or point intended, it went over my head.


Ralph
Structures Consulting
Northeast USA

 

[BigInch]

I think you could more effectively threaten, bluff and negotiate your way through this. The city isn't powerless. Get the mill to own up to being a part of the community or remind them and raise (or threaten to raise) the mill's tax rate to pay for a new sidewalk and road and bus stop, traffic light, or whatever else you can imagine they need to contribute, write up a sidewalk tax only for that stretch of road. Then the rest of the citizens wouldn't really have to pay for that from their tax contributions do they. PS.

I hate Windowz 8!!!!