Dedication of right-of-way

October 8, 2009
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Posted By Laurie Weatherston on 10/8/2009 at 10:22 AM

I made application on behalf of my client for a road abandonment in a rural area in which the existing traveled ways are often not within the recorded right-of-way. In this case, the existing traveled way actually runs through portions of some of my client's lots along one of the boundaries. The county wants to include in the project the property where the existing way is being deeded, or offered for dedication, to the county. Also, they want to include the property owners on the other side of the record right-of-way. While the county commissioners have historically passed and recorded several road abandonments, as reflected on Records of Survey noting the recorded resolutions, the only map I've seen recorded in this county for the county getting the land for the traveled way was a Record of Survey supporting a Boundary Line Adjustment. My question (because the county planning department doesn't know and apparently has a virtually non-existant DA in these matters) is: can I file a "Record of Survey supporting an Abandoment and Dedication of Right-of-Way" involving the county plus three different property owners?

Much thanks for any wisdom in this area!

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