An unopened right of way refers to a designated public passage area, such as a street or alley, that has been planned but not yet developed or prepared for typical public use. Essentially, it is a public pathway that exists on paper or in a city's long-term plans but has not been physically constructed or made accessible for regular vehicle or pedestrian traffic.
Crucially, an unopened right of way is not improved to city standards, is not intended for regular use by the general public, and has not been formally opened by the city for vehicle access. This means that while the land is legally designated for public use, it remains in its undeveloped state, often appearing as an overgrown path, an undeveloped strip of land, or simply a marked area on a plat map.
Key Characteristics of an Unopened Right of Way
Understanding the specific attributes of an unopened right of way helps to clarify its nature:
- Undeveloped State: The area is not improved with infrastructure like pavement, sidewalks, or utilities that would typically define a public road or path.
- Not for Regular Public Use: It is not maintained or intended for daily use by vehicles or the general public. Access might be difficult or impossible due to terrain, vegetation, or lack of development.
- No Formal Opening: The governing municipality has not officially declared it open for public use or vehicle access, despite its designation as a public right-of-way.
- Public Ownership/Easement: While it remains undeveloped, the land within the right-of-way is typically owned by the municipality or is subject to a public easement, granting the public the right to pass over it once it is developed. Learn more about the general concept of a right of way.
Why Do Unopened Rights of Way Exist?
Unopened rights of way are common in urban and suburban planning and serve several strategic purposes:
- Future Development: They are often established during the initial platting of subdivisions or master plans to reserve space for future roads, alleys, or utility corridors as an area grows. This foresight prevents the need to acquire private property later, which can be costly and complex.
- Infrastructure Expansion: As communities expand, these unopened pathways can be developed to provide new access points, connect neighborhoods, or accommodate utility lines (water, sewer, gas, electricity, telecommunications).
- Preservation of Public Access: They ensure that planned public access routes are preserved even if immediate development isn't necessary, maintaining the grid structure or connectivity options for the long term.
Implications and Management
The existence of an unopened right of way can have implications for adjacent property owners and municipal planning. While it's public land or easement, its undeveloped nature means it's not maintained for public use and may not offer traditional access.
| Feature | Unopened Right of Way | Opened Right of Way |
|---|---|---|
| Improvement Level | Not improved to city standards or intended for regular public use. | Fully improved with infrastructure (e.g., pavement, sidewalks, utilities). |
| Public Access | Generally not open for vehicle access or regular public use. Access may be restricted or impassable. | Open and intended for regular public vehicle and pedestrian access. |
| Purpose | Reserved for future development, infrastructure expansion, or planning. | Current and active use for transportation and utilities. |
| Maintenance | Often not maintained by the municipality for public access or general public use. | Regularly maintained by the municipality (e.g., snow removal, repairs). |
Practical Considerations:
- Property Boundaries: Property owners adjacent to an unopened right of way should be aware of their official property lines, as encroachment into the unopened area can create issues if the city decides to develop it.
- Permitting: Any development or use of an unopened right of way by private parties typically requires specific permits or agreements from the municipality.
- Maintenance Responsibility: Since they are not officially opened for public use, maintenance responsibility for these areas often falls to adjacent property owners or remains limited on the part of the city until development occurs.
Understanding an unopened right of way is crucial for urban planners, developers, and property owners, as it represents a future potential for public access and infrastructure rather than current functional use.
