Law citation needed.

[upstatejay]

Dear T-net members,
I recently had a run in with a landowner regarding the detecting of the median between the sidewalk and a road. It is my understanding that although in most municipalities that this area is taken care of by the homeowner (i.e. weed whack, mow, trim bushes, etc.) it is actually property of the municipality.

Does anyone know where this law might be cited in NY law, or where to look in my local ordinances? This way in the future I can have a little back up.

~jay

 

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[Mackaydon]

Suggestion: Walk into the local police station and ask them. If they don't know the answer, ask for directions to the legal department.

 

[doverturtle]

I believe that median is the property of the homeowner. There may be an easement allowing access by the township for road/sidewalk related issues.

 

[mts]

We've done this argument many times before. Here is the bottom line:

1) The property is maintained by the homeowner. Therefore, you should respect their wishes regardless of who "legally" owns it. That is just being a good detecting citizen. Don't give us all a bad name by making an issue out of it and being rude. I'm not saying that you did. But others here have done so in the past. That does nothing to help our cause.

2) Walking into a police station does nothing. The police do not own it or care. They probably don't even know the true law about such things. If you want to get the real scoop, walk into city hall or the public works office and ask them if you can dig in the medians. They will likely tell you that you need a permit. The police do not want to get involved with such trivial matters. It's not even their responsibility to enforce the true law in this case. The city would issue a citation of sorts if they found that you were digging without a permit.

3) Don't assume that property owned by the city is "for public use". You cannot detect in the governor's office. You cannot detect at the White House. You also cannot detect at the water treatment plant. Yet all of these properties are owned by the "public" in a sense. It is up to the city to decide what you can and cannot use public property for. Medians are set aside for public utilities and for people to walk on. That does not mean that you have free reign over them to do whatever you want to on them. You cannot prospect for gold, dig oil wells, erect statues, or even camp on them. You MAY be allowed to detect on them but you should ask the proper authorities first.

So it doesn't matter who "owns" the property. What matters is whether or not the owner has given you the right to do what you want to do on it. In your specific case, the answer was probably "no" regardless of who the true owner is. Otherwise, you wouldn't be asking us this question.

 

[upstatejay]

I was looking an actual citation as opposed to conjecture, tradition, etc. I did take mts advice and visit my local office building. I was refered to the city engineer and DPW (Department of Public Works)

1) A property owner does own all the way to the street. The city and utilities have a right of way. That is all. no possession. Just a right of way.

2) The right of way is different on each street. On one street it might be inside curb to inside, on another, outside curb to outside curd, and on a third maybe 10 feet beyond the outside curb, or any combination of the above.

3) The city engineer kept using the word excavate. By NY code definition does not apply so you don't need to "Call Before you dig" hot line.

This is all under NY code sub-section 700.

Other sections to reference are NY code:
9 NYCRR 409.1
9 NYCRR 372.7
21 NYCRR 751.6

and from the link http://www.ncshpo.org/current/statutes.htm#N


"NY has the State Historic Preservation Act (1980) which parallels NHPA in many respects. Section 14.09 of SHPA approximates Section 106.

The full regs for the law can be found on our website at http://nysparks.com/shpo/environ/regulations.htm.

The law itself can be accessed through http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS then scroll down and click on: PAR Parks, recreation and historic preservation

on the next page go to Article 14 - Historic Preservation and click and you will be taken to the legislation.

NY also has a law that lets local governments/agencies take historic issues into account as well - called the State Environmental Quality Review Act - SEQRA - which parallels NEPA.

For the SEQRA legislation go to http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS then scroll down and click on ENVIRONMENTAL CONSERVATION and then on Article 8.

For the regs you and how to - you can search the DEC website at http://www.dec.ny.gov/regs/4490.html."

Now that we know where to look for the actual law code-

Good Luck, Be respectful, Happy Hunting, and God Bless,

~j

 

[Brittany-Guy]

Jay

Thanks for sharing your research on NYS TH Laws. We are neighbors, I live in Worcester,
and would like to get together to discuss some sites I have found here in the County. Some of
which I already have permission to hunt.

Wayne