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 06-06-2005, 09:03 Post: 111977
lbrown59

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 STATE HIGHWAY RIGHT OF WAYS



Who is responsible for maintenance repair improvements and up keep of roadside ditches?
Is it the State or the Land Owner?






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 06-08-2005, 21:28 Post: 112102
lbrown59

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 STATE HIGHWAY RIGHT OF WAYS

The issue is the condition of the ditch : <>

It is excessively deep ranging anywhere from 1 to 3 feet deeper than it ought to be in places.
The excessive depth has resulted in the side walls of the ditch caving in on both sides of it.
I've lost 3 or 4 feet of my front lawn in spots where the ditch has caved in.

I applied for a permit to install a 40 foot culvert 60 feet below the present 40 foot drive way in an effort to reduce the hazard of entering and exiting the highway at the dangerous present blind drive way and to achieve a shorter more direct approach driveway to the garage that I built closer to the house than the distance the old drive is from the house.

The state would not issue me a permit for the 40 foot of driveway culvert unless I linked the new culvert to the old culvert by repairing the 60 feet of ditch between them and installing 60 feet of culvert to connect them.

This appears like a ploy to get me to take on their responsibilities at my expense.
If I do this on the 60 feet It would result in great benefits to the state.
1*There would no longer be a ditch for them to have to mow along.
2*No ditch no more maintenance for the state.
3* No more expenses for the state for repairs on the ditch as this would shift that responsibility over onto me.
Pretty nice free gift to the state and free up keep and repairs for them forever.
How sweet A deal for the state.

I've lived here for 39 years and the state has always taken care of the ditch.

My question is why all of A sudden is it now my responsibility to not only repair the 60 feet of ditch between the old and new culverts but on top of that upgrade the ditch by installing 60 feet of culvert in the ditch?
Let's see buy the state 60 feet of culvert $375
Give them 10 truck loads of dirt to cover the culvert $500 Give them free use of my BX 23 $225.
Darn nice 1100 dollar gift from me to the state don't you think?
The 1100 don't cover the cost for the dirt and the use of my tractor on the 40 foot repair of the ditch for the driveway culvert.

As I see it the only obligation to me is the cost of the 40 feet of culvert for the new driveway the cost of the fill dirt over the 40 feet of covert and the operating cost of my tractor while installing the 40 foot culvert.

Somehow I get the feeling the state is trying to take me for a ride.











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