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Author Topic: Regulations on Public roadways in Pulaski County  (Read 2782 times)

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Offline deputy341

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Regulations on Public roadways in Pulaski County
« on: September 09, 2011, 03:41:05 AM »

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I am not sure exactly where to post this. So Im putting it here. I have looked and not found it can anyone help me find the Statute for the regulations on the width/easement of Public Roadways? I have come into an issue and was told the easement for public roadways is 35foot from the center of the roadway on boths sides making it 70foot. Is this true? I was tols told it was 15 foot from the center equalling 30foot. Thank you for helping me in advance, you have NO idea how much it will help me. God bless.
With out heart we are nothing.

Offline Pete

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Re: Regulations on Public roadways in Pulaski County
« Reply #1 on: September 09, 2011, 04:14:10 AM »
On Harlow Lain it's 25 foot from the center. You would not know it if you drive down this road. It is however in the paper work that Charley Hamelton gave all of us that bought property here. Now the county has taken over the road and I have no idea of what it is. Sorry can't help you.
If your going to be dumb, you better be tough!

Offline deputy341

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Re: Regulations on Public roadways in Pulaski County
« Reply #2 on: September 09, 2011, 04:27:23 AM »
Thank you. I am looking for it for Roam Dr. off of Hwy W. Family fued, need I say more. LOL
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Offline darrellmaurina

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Re: Regulations on Public roadways in Pulaski County
« Reply #3 on: September 09, 2011, 11:10:23 AM »
Greetings.

Without getting into the specifics of this road issue, part of the problem is that rules on accepting county roads are set by the commission and have changed radically over the years. A road accepted 20, 50, or a hundred years ago may have been accepted under totally different terms than what would apply today.

A second part of the problem is that the county sometimes, for a variety of reasons, may choose to accept a road that wouldn't meet normal standards. Take something like Cave Road, for example. What do you do when there's a river on one side and a cliff on the other and annual flooding that wrecks the roadbed? Closing off access isn't really an option, but there is no physical way to make the road wider or high enough above the waterline to stop flooding.

A final issue is that many of the oldest roads in Pulaski County were never formally accepted by the county commission at all, but have become county roads under a provision of state law that says if a road has been maintained with public funds on a regular basis and is being used by the public, it becomes a public road. That's necessary because in many cases the oldest roads were never formally deeded over to the county by landowners, or any paperwork that may once have existed has long since been lost. (Remember that our courthouse was wrecked in the Civil War and also burned about a hundred years ago.)

End result is that if you want to know the width of any specific road, you need to contact the county commissioners and have them check the records. In some cases you can get the same information from the county recorder of deeds office (Rachelle Beasley does that job as well as being Circuit Court Clerk), but if the road was never formally accepted by the county there may not be a formal recording of land deeds.

I hope this is of some help.

I am not sure exactly where to post this. So Im putting it here. I have looked and not found it can anyone help me find the Statute for the regulations on the width/easement of Public Roadways? I have come into an issue and was told the easement for public roadways is 35foot from the center of the roadway on boths sides making it 70foot. Is this true? I was tols told it was 15 foot from the center equalling 30foot. Thank you for helping me in advance, you have NO idea how much it will help me. God bless.
Darrell Todd Maurina
Check out the Pulaski County Daily News online newspaper at
http://www.pulaskicountyweb.com
Cell: (573) 433.6733 * FAX: (573) 774-2349
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Offline mark

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Re: Regulations on Public roadways in Pulaski County
« Reply #4 on: September 09, 2011, 11:13:37 AM »
 I don't know if this will help or not? http://aglaw.missouri.edu/easements.htm
We are not human beings having a spiritual experience.
We are spiritual beings having a human experience.
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Offline stiffcat76

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Re: Regulations on Public roadways in Pulaski County
« Reply #5 on: September 09, 2011, 01:30:08 PM »
i  thought roam drive was private? i think that is in the buyer seller agreements of the land owners.

Offline darrellmaurina

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Re: Regulations on Public roadways in Pulaski County
« Reply #6 on: September 09, 2011, 05:48:07 PM »
i  thought roam drive was private? i think that is in the buyer seller agreements of the land owners.

If it's a private road, then nothing I said about the county accepting a road applies.

Private roads have the same legal status as a driveway, for virtually all practical purposes. Except that you can't landlock someone out of their property, there are no legal controls over private roads unless the landowners have voluntarily chosen to grant an easement to someone else. The owners can decide who they want on the road, how wide it will be, and almost everything else about it. Unless the owner intends to have the private road turned over to the county or the city for maintenance at some point, there are no standards for how wide it has to be, how it needs to be built, how it needs to be maintained, or how wide the right-of-way beyond the roadway needs to be.
Darrell Todd Maurina
Check out the Pulaski County Daily News online newspaper at
http://www.pulaskicountyweb.com
Cell: (573) 433.6733 * FAX: (573) 774-2349
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Offline deputy341

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Re: Regulations on Public roadways in Pulaski County
« Reply #7 on: September 12, 2011, 12:29:38 AM »
no Roam drive is taken care of by the county....my dad did take care of it for yearrs but agreement with county road n bridge....as he got sicker he was not able to and turned the care back over.....the issue im having is the water lines r on the opssite side of the road from my property...about 20foot from the center of the roadway....im being denied access to both watr and elctric becuse they r on my sisters property....im guessing im just going to have to take her to court to get easement so i can put a residence of my own on my property.....thank u for ur replys....
With out heart we are nothing.

Offline Pete

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Re: Regulations on Public roadways in Pulaski County
« Reply #8 on: September 12, 2011, 04:12:41 AM »
Just envite her and family over for a bbq and explain the problem. Family's take care of thier own.
If your going to be dumb, you better be tough!

Offline deputy341

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Re: Regulations on Public roadways in Pulaski County
« Reply #9 on: September 12, 2011, 05:20:55 AM »
its not that easy....fighting with family over probate....need i say more?!
With out heart we are nothing.

Offline mark

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Re: Regulations on Public roadways in Pulaski County
« Reply #10 on: September 12, 2011, 09:18:09 AM »
 You know your welcome here anytime. If you need anything...a bath or whatever....
We are not human beings having a spiritual experience.
We are spiritual beings having a human experience.
~Teilhard de Chardin