Legal Definitions - public highway

A public highway refers to any road, street, or path that the general public has a legal right to use for travel, and which is typically owned and maintained by a government entity. This includes various types of thoroughfares, from major interstates to local residential streets, as long as they are open for public passage and under public control.

Here are some examples illustrating the concept of a public highway:

• Example 1: A Major Interstate

  Imagine Interstate 95, a multi-lane freeway stretching along the East Coast of the United States. This road is designed for high-speed travel between cities and states.

  Illustration: Interstate 95 is a classic example of a public highway because it is open to all licensed drivers, regardless of where they live or where they are going. It is maintained by state and federal transportation agencies, funded by public taxes, and serves as a critical artery for public commerce and personal travel.

• Example 2: A Suburban Residential Street

  Consider Maple Avenue, a quiet, tree-lined street in a suburban neighborhood with houses on both sides.

  Illustration: Even though Maple Avenue primarily serves the residents of that specific neighborhood, it is still a public highway. Any member of the public can drive, walk, or cycle on it. The local municipal government is responsible for its upkeep, including paving, snow removal, and street lighting, confirming its status as a publicly accessible and maintained thoroughfare.

• Example 3: A Rural County Road

  Picture a narrow, two-lane road winding through agricultural fields in a rural county, connecting a few small towns.

  Illustration: This rural road qualifies as a public highway because, despite its low traffic volume and remote location, it is open for use by anyone traveling through the area. The county government's public works department is responsible for its maintenance, such as repairing potholes or clearing debris, ensuring it remains a usable route for the general public.