Legal Definitions - public right-of-way

A public right-of-way refers to a strip of land that is legally designated for public use, even if it passes through or is adjacent to private property. This designation grants the public a legal right to pass over or use this land for specific purposes, such as transportation, recreation, or the installation and maintenance of public utilities. While the adjacent land might be privately owned, the public right-of-way itself is controlled by a government entity (like a city or state) for the benefit of the community.

• Imagine a bustling city street with sidewalks on both sides. The entire area, from one property line across the street to the other property line, including the road for vehicles and the sidewalks for pedestrians, is typically a public right-of-way.

  Explanation: This allows anyone to drive or walk along the street and sidewalk without needing permission from the owners of the buildings or land next to it, as the government maintains control over this strip of land for public access and movement.

• When a new residential development is built, the local utility company needs to install water pipes, sewer lines, and electrical cables. These essential services are often buried beneath the ground within a designated public right-of-way that runs along the front or side of the properties.

  Explanation: This ensures that the utility company has the legal authority to access, install, and maintain these critical infrastructure components without infringing on private property rights, as that specific strip of land is set aside for public utility use.

• A popular hiking trail winds through a scenic area, sometimes running alongside private farms or even briefly crossing a corner of what appears to be private land. If this trail is officially designated as a public right-of-way, hikers have the legal permission to use it.

  Explanation: Even though the surrounding land might be privately owned, the specific path of the trail is legally dedicated for public recreational access, meaning individuals can enjoy the trail without trespassing.