Can a Right of Way Be Blocked?

The question of whether a right of way can be blocked hinges on several factors such as legality, planning, and the circumstances involved.

Legal Blocking Due to Nuisance

During my high school days, living in a resort area with multiple public accesses to a large lake, I witnessed instances where access routes were blocked. These blocks were often made due to illegal dumping by visitors, leading to nuisances and increasing the workload for local law enforcement. In such cases, legal means were employed to block the access. For example, property owners could legally block access to their own land, but if the right of way is publicly owned, it requires a legal process.

Temporary Blocking with Permits

While legal blocking is typically prevalent, there are instances where public right of ways can be temporarily blocked with proper permits. In my small town, a property owner built a shed on a part of the public right of way, which was part of an alley but was not yet developed into a road. The city initiated legal action, seeking fines and removal of the shed due to unauthorized construction. The property owner attempted to gain ownership of the right of way, but this petition was denied as it could cause long-term issues for the alleyway.

Proposed and Planned Right of Ways

When it comes to proposed or planned right of ways, there are specific instances where blocking might be legally permissible. Planning and development of new right of ways often require detours and temporary closures. For example, road construction and detours are routine occurrences. If a right of way is proposed or in the planning stages, there must be valid legal reasons to block it, such as adverse environmental impacts or the displacement of historic ruins.

Legal Process for Blocking

The legal process for blocking a right of way if it is already established is extensive and typically involves court intervention. This process can include:

1. Temporary Restraining Order (TRO): This is the initial legal step to prevent further actions on the right of way.

2. Preliminary Injunction: This is a more formal legal step requiring a meeting with a judge and evidence to prove why the right of way should be blocked.

3. Permanent Injunction: This is the final legal step if the issue cannot be resolved through less severe measures. Both parties will need to present their case to a judge, who will make a final decision based on evidence and legal merits.

Conclusion

While there are rare instances where a right of way can be lawfully blocked, this process is complex and typically requires legal action, lengthy court proceedings, and substantial legal fees. For property owners and local authorities, understanding the legal implications is crucial when considering any actions related to right of ways.