By Myrna Trauntvein
Times-News Correspondent
A neighborhood dispute ended up at Mona City Council for
mediation but neither side was found right and neither side
was found wrong.
It is clear, however, that if an individual improves the
property in front of their home, since it actually belongs
to the city, they cannot complain legally about someone
driving over the grass planted there.
On the other hand, it is only neighborly to try to avoid
the grass as much as possible.
The same is true of a right-of-way which is a public
walkway. If privately-owned sprinklers are placed in the
area, the property still belongs to the city. Nevertheless,
the neighborhood children should try not to ride bicycles
over the sprinklers.
Diana Manseau, Bobbie Johnson, June and Andy Orten
brought the issue to the council's attention on Tuesday at
council meeting.
As far as a walkway between the Johnson and Carlson
property is concerned, she said, she wanted to know if it
was a public walkway or not.
"I was told that it was a public street," said Manseau.
"The Sheriff said it was a private lane."
As for driving on the grass planted by the Johnson
family, she said that the street is narrower than most, and
trying to back up a large-sized pick up truck is difficult
to do without driving onto the grass which has been planted
outside the home's actual frontage.
Streets are city property. They belong to the city and
that includes the strip to the side of the street. City
streets have 50- to 60-foot street rights-of-way, even if
the asphalt or gravel does not cover all of the 50 to 60
feet.
"There is a 50-foot radius for a turn there, belonging to
the city," said Bryce Lynn, mayor. "There is also a legal
walkway between the two properties."
Johnson said, that when her home was built, Greg Newton,
mayor at the time, said that the public walkway would
probably never be used by the city and so she had installed
a sprinkler system and planted grass on the walkway. The
result, she said, was better than an uncared-for weed
patch.
Harry Newell, council member, agreed that green grass was
nice and that Johnson had made the area beautiful. "You
didn't think you would own it, did you?" he asked.
The walkway also had a utility easement which was
binding.
Doran Kay, council member, said he had a personal insight
into the property and the intention of the walkway.
"My parents included the walkway because their intent was
to have a public right-of-way on that property," said
Kay.
Rick Schnurr said that he, as well as others in town, had
continued the grass in front of his home at street side.
"I've continued out the grass," he said.
However, when a long-haul truck driver parked his rig
there, he was not alarmed. The side of each city street is
still public property.
"From a legal standpoint," said Lynn, "it is a legal
street, the city does have a legal right-of-way and it could
be enforced."
In addition to that, he said, landscaping on a city-owned
right of way, depending on what was considered landscaping
by the homeowner, might actually be a liability to the
property owner.
"If you put something out there on the legal right-of-wy,
such as rocks or logs, and someone hit it or it caused an
accident, then you, as the property owner, could be held
liable," said Lynn.
Johnson said she would begin paperwork to request the
city sell the walkway to her since it was not needed as a
public walkway. She will then return to the council to
present her request.
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