Do municipalities have any liability if an abandoned right-of-way is in a dangerous condition?
A. Generally speaking, no. The responsibility for the right-of-way remains with the owner and/or occupier of the land. Even if a municipality has the authority to require the owner of a right-of-way to remedy a dangerous condition, the municipality is not obliged to exercise that authority and cannot be held civilly liable should it choose not to exercise that authority. Having said this, municipalities are encouraged to utilize the authority they have to require owners to remedy unsafe conditions, particularly if the owner has the means to do so.
Related Questions
- What conditions do I need to meet in order to receive a 50 per cent reduction in the reclamation liability determined for my abandoned well or facility?
- Do municipalities have any liability if an abandoned right-of-way is in a dangerous condition?
- Is Cognitive Bias at Work A Dangerous Condition on Land?
