Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Right Of Way topic
No spam. Unsubscribe anytime.
Resident flags fence encroachment; council directs staff to notify owner
Summary
A resident told the council a new fence appears to enclose about 600–700 sq. ft. of city right-of-way at 3rd & B Street. Council directed staff to send the owner a letter stating the fence encroaches city ROW and that adverse possession does not apply to public property.
During public comment, Richard Schwartzer reported a newly installed fence that appears to enclose roughly "600-700 sq. ft." of City right-of-way along Third Street and noted an apple tree that had historically been outside the fence is now inside it. The property owner reportedly referenced "adverse possession," a claim the council rejected as inapplicable to public right-of-way.
Council and staff noted utilities run through the corridor — approximately 120 feet of underground storm sewer — and said future maintenance could require removal of private landscaping or fencing without City liability. Council directed staff to issue a letter to the owner stating that the fence encroaches the ROW, adverse possession does not apply to City property, the City has the right to access and maintain utilities and is not liable for damage to private improvements in the ROW, and that the owner may pursue a variance if desired. Staff will place a note in the property file for future reference.
