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Johnsburg board affirms 0.15-mile town highway; apologizes after private-road maintenance dispute
Summary
The board passed a resolution clarifying Wilbur Hitchcock Road is a town highway only for its first 0.15 miles from Edwards Hill Road and concluded the dirt road beyond that point is private; the resolution apologizes to property owners for any trespass by town highway crews.
The Town Board read and passed a resolution clarifying the legal status of Wilbur Hitchcock Road after reviewing town records and local inventories.
The resolution states that the town’s most recent local highway inventory includes Wilbur Hitchcock Road for a 0.15-mile segment from Edwards Hill Road, and that the town’s records do not support the conclusion that the dirt road extending beyond that length is a town highway. The board said it apologizes to the owners of the involved properties for any trespass that may have occurred when the Town Highway Department undertook maintenance beyond the documented 0.15-mile section.
On the floor during privilege of the public, resident Brian Donahue raised concerns about damage and lack of prior outreach when maintenance was performed on private land. "Trespassing and violating somebody who's very vulnerable due to age in their emotional situation... is very predatory by the town highway," he said, asking about reimbursement for damages. The board’s resolution was framed as an explanatory action and an apology rather than immediate reimbursement; the board noted town counsel had reviewed records and concluded the beyond-0.15-mile portion is private.
The resolution reaffirmed the town’s maintenance responsibility only for the specified 0.15-mile segment and recommended that any future maintenance beyond that point be governed by deeded and common-law rights of the involved parties.
