Recently, the Town Board received a request from a property owner to clarify the status of a Town roadway known as Sunset Drive. The original request concerned whether a portion of the roadway had been legally abandoned and whether the public, and more specifically, other property owners along the road, retain the right to use it.

Contrary to what some sources have claimed, the Town is not proposing to construct a new road, expand development, or authorize a new use of private property. To be clear, there is no proposed Town project associated with Sunset Drive. The issue is whether a public right-of-way remains legally available for access or whether the Town has abandoned a portion of the road.

This matter first came to the Board's attention when a local agricultural nonprofit that leases property to farmers contacted the Town regarding access to a field intended for agricultural use, including livestock grazing. The organization provided documentation indicating that land associated with the roadway had previously been deeded to the Town. The organization also reported that its access had recently been obstructed by barriers along a portion of the roadway that bisects a private parcel of land. Adjoining property owners dispute the roadway's continued public status, asserting that it has not been maintained by the Town for many years and has effectively been abandoned.

These competing claims raise legitimate questions, made more complicated by the fact that New York State Highway Law distinguishes between the condition or maintenance of a roadway and its legal status as a public highway or right-of-way. For example, under New York State Highway Law Section 205, a public highway may be considered abandoned if it has not been traveled or used as a highway for six years. Simply because the Town has not plowed, repaired, or otherwise maintained a road does not necessarily mean it has been legally abandoned. The law also establishes procedures for documenting abandonment, and separate provisions govern the discontinuance of certain portions of dead-end highways. Finally, New York State Highway Law Section 319 addresses obstructions within public highways, including equipment, vehicles, fences, and other barriers that interfere with public travel. If a roadway remains public, adjoining property owners generally do not have the authority to obstruct access.

The Town's initial action was simply to send a letter to the residents of Sunset Drive explaining that we had found no documentation establishing that the Town had formally abandoned the portion of the road in question, although the absence of formal records does not, by itself, conclusively establish the roadway's legal status.

There are important factual and legal questions that must be resolved, including the history of the roadway, the nature of the Town's ownership or easement rights, the extent of its use, and whether any lawful abandonment or discontinuance has occurred or could occur. The question before the Board is not whether individual property owners would prefer that a road remain unused. It is whether the public has a legally established right to use it.

If the road remains a valid public right-of-way, we have a responsibility to protect that public interest. Allowing individuals to determine which public roads may be traveled or permitting public access to be obstructed without lawful authority, would establish a bad precedent.

At the same time, adjoining property owners deserve to have their concerns heard and their property rights respected. The Town's responsibility is to apply the law fairly and consistently.

Two weeks ago, I met with landowners hoping to reach a mutually agreeable solution. However, based on additional correspondence the Town has received, the status of the road is still being disputed.

At this point, the appropriate course is to examine the historical deeds, maps, highway records, evidence of public use, and any documentation of abandonment, with guidance from the Town Attorney and Highway Superintendent, and consultation with New York State agencies as appropriate.

This matter must be addressed based on documented facts and applicable New York State law, not the personal preferences of individual property owners.

Protecting private property rights and preserving public rights-of-way are not competing responsibilities. The Town has an obligation to do both.

Deputy Town Supervisor,

Michael Coleman

Town of Rochester