Landscaping Damage by Roadway Projects: Can You Sue the Town?
Whether a local government can be sued for damaging private landscaping during a roadway project often hinges on the legal standing of the land and the specific actions they took. Understanding the 'right of way' and familiarizing yourself with the Condemned Land laws can help clarify your rights and potential recourse.
Understanding the Right of Way
The 'right of way' is a legal term that refers to the land a road occupies and the area within the road’s margin, which is typically documented in a survey or deed. This area includes permissions and rights for various activities, such as road maintenance, expansion, and the installation of features like sidewalks, street signs, and speed limit signs.
The width of a right of way varies based on the local regulations and the specific road. For example, in the author's suburb, the right of way extends 10 feet into their front lawn and 10 feet into their neighbor's lawn, totaling 25 feet in width.
Damage to Your Landscaping
If a town damaging your landscaping is within the right of way or on condemned land, they have legal justification for their actions. However, if the damage is not within these boundaries, you may have grounds for legal recourse.
If you find that your landscaping, which is close to the roadway, has been damaged, you should consider contacting a land surveyor to determine the extent and legality of the damage. An experienced surveyor can help pinpoint whether the town has acted within their legal rights.
Reinstatement Obligations
Under law, the town is obligated to 'substantially return' features like driveways and sidewalks to their original state following road improvements. This means that if a concrete driveway or asphalt walkway is replaced, the town is required to install 'in-kind' replacements, which can include new concrete and asphalt.
However, for softer features like flower beds and perfectly maintained lawns, the town is only required to level the grade and possibly seed the area. This means that your lawn may not be restored to its original condition, but it will be close enough for functional and aesthetic purposes.
Utility Damage
The most significant damage often involves underground utilities such as water, sewer lines, and electrical services. If these utilities are damaged during the roadway project, you have a case for compensation for their repair costs.
According to legal requirements, the town is supposed to 'call before they dig' and coordinate with utility companies to avoid damaging these critical infrastructures. If they do not follow these guidelines, you can seek legal action for the repair costs.
Steps to Take
To protect your interests, follow these steps:
Verify your property lines and the size of the right of way.
Identify any other claims that may affect land usage rules and look for signs of utility markings or marks of underground infrastructure.
Contact your town's public works department and inquire about the damages and how they will address them.
:properly maintaining trees and other vegetation along the curb is another area where towns often need to act. Many towns will cut down and replant trees according to their established schedules.
Good luck!