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Fulltitle wrote:
"Hmmm... perhaps maybe if you are a trucker shippping goods from FL to TN then you are on the interstate highway and if you are a courier going from Atlanta city to Mayretta you are on the state highway...and if you are just a little old lady going to church you're on the common ways? Maybe?"
I work as an assistant land develoment engineer. The following mabey will clear this up. Everything is a hihway and I have not heard of at law of a "common way" and if there were I do not think the word "common" in it is going to catapult you back to the common law in the days of yor. Highways are placed inside of "right of ways" (no hyphans) and a right of way is made out of a "dedicated easement" nowadays but used to be made out of state fee simple title land. "Highway" includes everywhere that is used for "travel." Also were you "accessing" the enjoyment of your liberty of "free" movement or were you travelling? Also every citizen has the right to use the highway as a citizen (see George Mercies "citizen contract" to find out how all citizen right are conditional via contract) Here is California law explaing it.
C.V.C. 360. "Highway" is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.
C.V.C. 110. "Alley" is any highway having a roadway not exceeding 25 feet in width which is primarily used for access to the rear or side entrances of abutting property; provided, that the City and County of San Francisco may designate by ordinance or resolution as an "alley" any highway having a roadway not exceeding 25 feet in width.
C.V.C. 332. "Freeway" is a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access. [could be federal, could be state, no distinction made]
CVC 527. (a) "Road" means any existing vehicle route established before January 1, 1979, with significant evidence of prior regular travel by vehicles subject to registration pursuant to Article 1 (commencing with Section 4000) of Chapter 1 of Division 3; provided, that "road" does not mean any route traversed exclusively by bicycles as defined in Section 39001, motorcycles as defined in Section 400, motor-driven cycles as defined in Section 405, or off-highway motor
vehicles as defined in Section 38012.
(b) Even though nature may alter or eliminate portions of an
existing vehicle route, the route shall still be considered a road
where there is evidence of periodic use.
(c) A vehicle route need not necessarily be a publicly or privately maintained surface to be a road, as defined, for purposes of this section. Nothing contained herein shall pertain to any property in an incorporated area or properties held in private ownership.
(d) This section is definitional only and nothing contained herein shall be deemed to affect, alter, create, or destroy any right, title, or interest in real property, including, but not limited to, any permit, license, or easement; nor shall this chapter be deemed to
affect the liability, or lack thereof, of any owner of an interest of real property based upon the use, possession, or ownership of such interest in real property or the entry upon such property by any
person.
(e) This section shall only apply in a county where the board of supervisors has adopted a resolution or enacted an ordinance providing for such application.
CVC 530. A "roadway" is that portion of a highway improved, designed,
or ordinarily used for vehicular travel.
And this one is just funny because it is an oxymoron. It says Right but means privlidge. (with hyphans)
525. "Right-of-way" is the privilege of the immediate use of the highway.
Does this mean that "driving" is not "the privilege of the immediate use of the highway." when I am using it to move on and I have right to access it and I posses Right-of-way if I own land ubutting this network of roads. I think yes.
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