....it is necessity alone which justifies the exercise of the police power to take private property without compensation.'
If your deed doesn't say you own to the center of the road, you don't own to the center of the road.
Is that simple enough for you to understand?
Tinian:
Evidently you've never read the law. A right of way is actually a "right to tread on another man's ground"; therefore, by definition, it is not a fee title. If you claim you own a right of way on a piece of land, you are admitting that you do not have title to the property but that you merely have the right to use the land for a specific purpose. In the case of a right of way for a public road, the municipality can only use the land for a public road. If the municipality tries to convert the property to another use, they would be in violation of the terms of the conveyance and the road would revert to the fee title owner as a matter of law. Thus, the fee owner will never be deprived of access to their property. According to New York's highest court, the abutting property owner owns the fee title to the center of the street as a presumption in the law if they purchase a lot that references a map that shows that their lot abouts a street shown on that map. In an ordinary suburban subdivision in New York, that means everyone!
I hope that clears things up for you.