What process can the town use to force a property owner to remove a hazardous object from the highway right of way?
Highway Encroachments What process can the town use to force a property owner to remove a hazardous object from the highway right of way? If an occupant or landowner places an object in the highway right of way that poses a hazard to users of the highway, the town should seek removal of the object or the town may be held liable for damage or injuries that may occur if the object is struck. Hazardous objects may include a cement planter, stone retaining wall, junk car, bricked in mail box, etc. Essentially, the town should assess whether the item is likely to cause unnecessary harm to a vehicle that leaves the traveled portion of the highway and runs into it. If the town becomes aware of such an item, the first course of action would be for the town board to send a notice to the property owner or occupant seeking removal of the item pursuant to s.86.04. A sample notice is available in the Town Law Forms book. The notice provides the property owner or occupant with 30 days to remove the
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