In the case of Montgomery v. Island Creek Twp., 2022-Ohio-4757, the appellate court concluded that approximately 20 feet at the end of a township road was part of the public road as there was no evidence that the landowner ever took control over the alleged private road and, therefore, a landowner was required to remove junk vehicles from the public road.
In this case, the landowner argued that the junk vehicles were located on private property based upon the assertion that the end of the township road was never officially dedicated as public property by the landowner and, therefore, the vehicles did not need to be removed. In response, the township argued that the township road was dedicated as public property since the road was referenced in the deed; but, in any event, the landowner never took any action to demonstrate that the landowner ever took any control over the road and, therefore, the vehicles needed to be removed. The appellate court agreed with the township.
In support of its decision in favor of the township, the appellate court explained that “[a]n owner’s silent acquiescence in the street’s use by the public for a sufficient length of time gives rise to an inference of the owner’s intention to dedicate the street to public use.” 2022-Ohio-4757 at ¶ 18.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.