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Right of way is the land required to construct, maintain and operate a highway properly. DOES THE STATE HAVE THE RIGHT TO TAKE MY PROPERTY? Yes; however, Article 3, Section 9 of the Constitution of West Virginia provides that private property will not be taken or damaged for public use without just compensation.
The owner, or any person who by virtue of a real right may cultivate or use any immovable, which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway, is entitled to demand a right of way through the neighboring estates, after payment of the proper indemnity [Art
A right of way arises if you own a piece of land and to get to it you must pass over a piece of land or roadway that is owned by someone else. Rights of Way, also known as easements, is an enforceable right by one landowner to gain access to their land by going across someones land.
Maintenance. The duty to care for an easement belongs to the owner of the dominant estate. Thus, any costs of repair or maintenance related to the easement fall to the user of the easement, not to the owner of the servient estate.
One important and crucial law is Republic Act No. 10752, otherwise known as the Right-of-Way Act, which implements the constitutional fiat that private property shall not be taken for public use without just compensation. (Section 9, Article III, 1987 Philippine Constitution).
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A right of way can be claimed on the basis of user evidence (i.e. that the public has established a right of way by using a defined route over a period of time), or documentary evidence (i.e. based on historical documents such as Enclosure Awards or other old maps), or a combination of the two.
What is the States minimum right-of-way width? The NCDOT requires 45 feet for local subdivision roads. Collector roads require 50 feet; five lane highways require 80 feet and cul-de-sacs must have a 50 foot right of way radius.
When an isolated estate, the dominant estate, has no access to a public road highway, the owner of such estate can demand from the surrounding estate or estates, the servient estate, a passageway to the public highway. 2.
When a car is in an intersection, other motorist must give that car the right-of-way. If two cars arrive at an intersection that is unmarked at the exact time, the car that is driving straight will have the right-of-way.
A private Right of Way (sometimes called an easement) typically gives one land owner the right to cross or use anothers property, usually a road or pathway of some kind, to get to and from their land or other point. This right is usually given in the form of a deed, much like a deed to property.

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