What are an adjacent property owner's rights in relation to a city's right-of-way?
The city road right-of-way extends beyond the actual road; approximately 30 feet on either side. Within that 30 feet is a proposed trail using tons of fill and asphalt. Natural underground springs run through parts of that area and continue into my property which is adjacent. The proposed materials and trail would affect my land negatively, including the springs. What rights do I have as a landowner adjacent to a road right of way easement?
Just because the right of way is given to a municipality rather than a private individual does not meant hat you lose your rights as the adjacent landowner. While it is true that states and municipalities can have rights greater than yours to acquisition and based upon the"public good", it does not mean that their actions can harm the environment etc. However, you can not just state that the materials will negatively impact the springs. You will need some proof of it. And that can be expensive. It may be in your best interest to get an environmental group involved, Their resources will be greater than yours. Good luck to you.