Other Free Encyclopedias » Law Library - American Law and Legal Information » Free Legal Encyclopedia: Health and Safety Commission (HSC) to Hypothetical Question

Highway - Extended Use Or Prescription, Statute, Public Authorities, Abandonment, Alteration, And Vacation, Title

road private highways law

A main road or thoroughfare, such as a street, boulevard, or parkway, available to the public for use for travel or transportation.

The nature of a public way is determinable from its origin, as well as the intention and plans of the appropriate authorities and the use to which it has been put. If a particular road or highway is designated as private, its character will not be altered if it is actually a public road or highway. PRIVATE ROADS are intended for use by a few private individuals, as distinguished from highways that are for public use.

It is essential that a highway be established in a manner recognized by the particular jurisdiction, whether it be by extended use—prescription—or by dedication to the public by the owner of the property subject to the consent of public authorities. Prior to the time that any statutory procedure for the establishment of highways was devised, prescription and dedication were the methods used in common law. Currently, most highways are created by statute.

FURTHER READINGS

King, Ledyard. 2003. "Delay of Road Bill Will Cost States." USA Today (September 23).

Lynch, James. 1986. "The Federal Highway Beautification Act after Metromedia." Emory Law Journal 35.

Queary, Paul. 2003. "Seat Belt Law Comes Under Fire." Seattle Post-Intelligencer (August 4).

User Comments

Your email address will be altered so spam harvesting bots can't read it easily.
Hide my email completely instead?

Cancel or