Posted on 09/08/2006 6:27:00 PM PDT by Lydo
Dear Editor:
I read with interest the remarks by Scarsdale’s Deputy Superintendent of Public Works, Neil Blitz, in the Scarsdale Inquirer's September 1st front-page story entitled "Don't Touch Any Trees in the Right of Way". According to Mr. Blitz, "Nobody is supposed to do anything in the right of way. Homeowners are absolutely not allowed to prune or remove trees in the right of way - although they are required to maintain the lawn...."
In Mr. Blitz’s novel interpretation of the law, homeowners in Scarsdale, New York have absolutely no property rights whatsoever in the 13 feet of their front lawn nearest the curb, yet they are expected to cut the grass, pull the weeds and trim the hedges on this allegedly “public” property. But how can Village Hall reconcile Mr. Blitz's statements with the Code section that Village Hall uses to prosecute homeowners who cut trees on the right of way without their permission? Scarsdale Village Code Section 281-11 provides “no person shall remove, kill, cut, break or trim any tree, shrub or plant in any street, park or other public place… without first securing a written permit from the Village naturalist... ” Even if one accepts the bizarre notion that the front lawn of a private home is a “public place” for the purpose of prosecuting an unsuspecting property owner for removing their own trees, Mr. Blitz’s statements prove that the Village of Scarsdale ignores fundamental property laws that have been unchallenged for generations in the State of New York. Under Village Hall's misunderstanding of private property rights, a homeowner would need a permit to pull a dandelion on the right of way. The Code section is selectively enforced by Village Hall, but Mr. Blitz seems quite unaware that his department’s selective enforcement of the code is unconstitutional, at best. It's time for Scarsdale to amend the Village Code to be consistent with both the United States Constitution and the New York State Court of Appeals.
Yes, Mr. Blitz, "The majority of the people want the trees there.... want to live on a tree-lined street" but “We, The People” will not trade constitutionally guaranteed property rights for trees.
That would almost 20% of my old front yard.
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If a tree is felled by a storm or age then this man should be held personally responsible for any damage and for any clean up. If this tree hugger loves trees more than people or their property rights then he should be in jail with his other socialist scum.
Ironic isn't it? And if someone trips and breaks their arm on the sidewalk in front of your house your the one who is liable if it's in need of repair...well in my town anyway
These are the same individuals who will seize your property if so doing might add to town tax revenues.
Usually a street has a right of way that is much larger than the street. A 25 foot street may have a 50 foot right of way. (13 feet is not a magic number. It varies.) It extends just to the other side of the sidewalk. The land between the street and the sidewalks is the property of the city. Often hydrants, gas pipes, etc. are in this area. But the homeowner usually must maintain the sidewalk and cut the grass. They do not own the tree. They usually aren't supposed to plant trees, either. The city can cut them down if they need to.
BTW, the land between the sidewalk and the street is called the "tree lawn" in Cleveland and a few other places. Most people don't have a name for it.
THE SCARSDLE INQUIRER | September 8, 2007
2007? Welcome to FR. This law applies to all towns in Westchester county.
Exactly. Certainly in the towns where I've lived--in New York, Connecticut, Massachusetts, and Vermont--the right of way is measured in feet from the center line of the road, and the town technically does as it likes with it. They can put in drainage ditches, sidewalks, or whatever, and they usually prohibit plantings that would interfere with drivers' vision on curves.
The problem here seems to be that this politico is a petty tyrant, who is stirring up trouble because he's too stupid to be polite. Usually, it's live and let live. You can prune dead branches from the trees on the edge of your property, but you shouldn't cut them down. You can have a hedge, but it can't be in the public right of way. You can plant flowers, but they shouldn't interfere with driver's vision, prevent cars from seeing pedestrians, or be liable to cause accidents.
In my town, that piece of property is known as a "devil strip".
Dog walk?
Close, but not quite right.
The Right-of-way is defined by the subdivision plan or plot of lots for a developement. Absent such a plan or plot, it's defined (more or less) by the monumented front corners of properties.
The cartway or travelled way (legal terms for the paved or otherwise improved portion of the Right-of-way) may lie anywhere within the Right-of-way. Pavers often cheat on corners, cutting them inside of the centerline of the Right-of-way.
You can't just split the curbs or the pavement to determine the extents of the Right-of-way unless there's no existing monuments and splitting them agrees with lines of usage (though some shoddy hacks do it routinely). I do this mundane stuff for a living.
Regarding this ordinance: you own everything, except public utilities, from your property lines to the sun. If it hangs over your property line, you can cut it off. That's a general rule--however, your actual mileage in communist states like California, Vermont, Connecticut and New York may vary.
Lots of names for it . . . grassy verge, margin, best is in New Orleans, they call it "the neutral ground".
LOL
I bet this 'right of way" is included in the taxes paid each year!
Up here they dump snow in your front yard, which can get pretty deep - and don't even think about cleaning the drive and putting the snow in the street...
The "be" in that sentence escaped.
There were no curbs on the streets, except for a few major ones anyway, in my time there.
It's known as the "Devil's Strip" in most of New England. It's based on a historically accurate idea of what we used to think of the Government. So sorry it's changed so much since then.
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