Reviewed Date: 04/14/2020
This is an introduction into the law governing how municipal streets are created and closed, and a multitude of other issues that arise over the use of those streets.
- What are municipal streets?
- What are the ways municipal streets are created?
- Is a municipal street that has been platted but never constructed still a street?
- What does a municipality “own” when a street is created?
- What is the difference between a municipality’s governmental powers and its proprietary powers over its streets, and why does it matter?
- Are municipalities liable for their dangerous and defective streets?
- What right do utilities have to put their pipes, wire, and other utility infrastructure in the streets, and what happens to such rights when streets are closed?
- Are utilities required to obtain a franchise from the municipality as a condition of their use of municipal streets?
- Under what conditions can utilities be made to remove their facilities from municipal streets and who pays for the utility relocation?
- How is the width of municipal streets determined?
- How do municipalities close streets?
- How much discretion do municipalities have in closing streets?
- Must municipalities give notice to other governmental agencies or property owners that they intend to close a street?
- Who owns municipal streets after they are closed?
- What right do abutting and other property owners have to use closed streets