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  #1  
Old 04-27-2006, 11:19 AM
kgod999
 
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this should end the traffic debate

states dont own the roads or highways, they own RIGHT OF WAYS, thus, they cant claim ownership and enforce laws LAWFULLY over something they just have a right a way. ask the dept of transportation in your state to send proof they own the land the road sits on. peeace.
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Old 04-27-2006, 12:22 PM
kmcarr kmcarr is offline
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does the same apply to home rule charter cities (METRO) municipalities?
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Old 04-29-2006, 09:38 PM
SansRecours SansRecours is offline
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Absolutely

States also waive their sovereign immunity when accepting federal funding (Lawson v Shelby County Tenn) for that river of tar above the right of way called a highway.

Sans Recours
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Old 04-30-2006, 10:43 AM
David Merrill's Avatar
David Merrill David Merrill is offline
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Location: Colorado.
Posts: 6,324
Quote:
Originally Posted by kmcarr
does the same apply to home rule charter cities (METRO) municipalities?

Yes. The City of XXXX may own parking lots over which there are City vehicles parked at night. Things like that. But the territory is not owned under the roadways except by the homeowners who own to the middle of the roadways and grant the City Right of Way.

Many lots will only show the 6' easement for utilities and bridal paths etc. The ownership into the roadways becomes clearer when you inquire about the railroad tracks. There is a term, escheat.

An old railroad track is now a bicycle path. The City always wants to build a major roadway there. But one homeowner threatens the City to reveal the function of escheats unless the City leaves it a bike path.


Regards,

David Merrill.


Quote:
Originally Posted by corporate constitution

ARTICLE XX
Home Rule Cities and Towns



Section 1. Incorporated. The municipal corporation known as the
city of Denver and all municipal corporations and that part of the
quasi-municipal corporation known as the county of Arapahoe, in the state
of Colorado, included within the exterior boundaries of the said city of
Denver as the same shall be bounded when this amendment takes effect, are
hereby consolidated and are hereby declared to be a single body politic and
corporate, by the name of the "City and County of Denver". By that name
said corporation shall have perpetual succession, and shall own, possess,
and hold all property, real and personal, theretofore owned, possessed, or
held by the said city of Denver and by such included municipal
corporations, and also all property, real and personal, theretofore owned,
possessed, or held by the said county of Arapahoe, and shall assume,
manage, and dispose of all trusts in any way connected therewith; shall
succeed to all the rights and liabilities, and shall acquire all benefits and
shall assume and pay all bonds, obligations, and indebtedness of said city
of Denver and of said included municipal corporations and of the county
of Arapahoe; by that name may sue and defend, plead and be impleaded, in
all courts and places, and in all matters and proceedings; may have and use
a common seal and alter the same at pleasure; may purchase, receive, hold,
and enjoy or sell and dispose of, real and personal property; may receive
bequests, gifts, and donations of all kinds of property, in fee simple, or in
trust for public, charitable, or other purposes; and do all things and acts
necessary to carry out the purposes of such gifts, bequests, and donations,
with power to manage, sell, lease, or otherwise dispose of the same in...


Last edited by David Merrill : 04-30-2006 at 10:48 AM.
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  #5  
Old 04-30-2006, 11:02 AM
HenryBowman
 
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Good one kgoddd

I like it.

That would be a good challenge on any ticket.

Henry Franklin
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