Burleigh co. Ditches debate



Obi-Wan

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There's no way that fence is 33' from the centerline of that highway. A typical lane is 12 feet wide, that fence appears to be closer to the road than the width of the lane. Should be able to measure it on google maps.
Looks like he is in his rights to place the fence where it is at. either he or the previous owner must have been enough of a prick when they were improving the road because the other area's have 60' while his is 33' right of way. still does not explain as to why the county paid for improvements on his land.
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johnr

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I thought those nifty Lock Out signs the angry land owners were pinning out on their land was the solution.
 

Tymurrey

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Looks like he is in his rights to place the fence where it is at. either he or the previous owner must have been enough of a prick when they were improving the road because the other area's have 60' while his is 33' right of way. still does not explain as to why the county paid for improvements on his land.
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My guess would just be a construction easement or temporary easement/ROW situation. Some areas where i worked on building roads the county or state wouldn't buy the land but would use it as a borrow area to get the dirt to build the road and when project was completed the landowner still owned the land. Depends on how bad the landowner didn't want to sell the land or how much the county/state was willing to pay. In my mind once the road is built and as long as there is adequate clear zone and room for maintenance, why does the state or county need to pay for the right of way and then be responsible for cost of maintaining it when it really doesn't have any benefit. Some areas get wider ROW due to height of the road versus ditch bottom to maintain a 4:1 slope going down or how wide they needed to cut the hill back on the back side of the ditch.
 


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