News & Analysis as of

Right of Way Municipalities

Rodemer Kane Attorneys at Law

Colorado Right of Way Laws: The Road Rules You Never Knew Existed!

Colorado law, as outlined in section 102 of the Colorado Revised Statutes, defines "right-of-way" as the privilege granted to one vehicle operator or pedestrian to proceed in a legal manner over another in situations where...more

Farrell Fritz, P.C.

Living Fences in Dering Harbor

Farrell Fritz, P.C. on

The Board of Trustees in the Village of Dering Harbor, located on Shelter Island, adopted a resolution in February of 2018, granting an application of property owners, Brad Goldfarb and Alfredo Paredes, to install and...more

Farrell Fritz, P.C.

Town of Huntington is the Latest Long Island Community to Regulate Small Cells in the Public Right-of-Way

Farrell Fritz, P.C. on

In 2018, the Federal Communications Commission (“FCC”) issued an Order governing the installation of small cell nodes and other telecommunications facilities in an effort to speed up the deployment of the newest generation of...more

Cozen O'Connor

Pennsylvania Public Utility Commission Rules Two Municipal Permitting Fees Are Preempted by State Law

Cozen O'Connor on

The Pennsylvania Public Utility Code (Code) gives the Pennsylvania Public Utility Commission (PUC) extensive authority to regulate public utilities in Pennsylvania. The Supreme Court of Pennsylvania has held that the General...more

Best Best & Krieger LLP

Texas Right-of-Way Legislation: Half Payments for Right-of-Way Use

Best Best & Krieger LLP on

Recently enacted Texas legislation significantly reduces right-of-way fees paid to Texas cities by companies that provide telecommunications and cable services. This legislation could influence right-of-way compensation laws...more

Morgan Lewis

Pennsylvania Supreme Court Strikes Down City Ordinance Attempting to Regulate Utilities’ Use of Municipal Rights-of-Way

Morgan Lewis on

The Pennsylvania (PA) Supreme Court issued its unanimous decision on August 20 in PPL Electric Utilities Corp. v. City of Lancaster, invalidating a municipality’s efforts to impose annual fees on utilities to occupy public...more

Littler

Seventh Circuit Deflates Scabby the Rat's Ego and What it Means for Employers

Littler on

“Scabby the Rat” reared its inflatable rodent head last month in the United States Court of Appeals for the Seventh Circuit. In Constr. & Gen. Laborers’ Union 330 v. Town of Grand Chute, No. 18-1739 (7th Cir. Feb. 14, 2019...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Is Scabby the Rat Headed for a Deflating Experience?

Construction employers and general contractors are all too familiar with Scabby the Rat. The inflatable rat - appearing in sizes of up to a reported 30 feet tall - has infested construction job sites as part of trade union...more

Farrell Fritz, P.C.

Court Rules that Delays Associated with SEQRA Review do not Violate Telecommunications Act

Farrell Fritz, P.C. on

Due to the proliferation of advanced mobile devices, such as smartphones and tablets, wireless service providers anticipate a significant increase in data traffic over their networks in the next few years. ...more

Farrell Fritz, P.C.

New FCC Decision Tips in Favor of Service Providers on Small Cell Wireless Projects

Farrell Fritz, P.C. on

On September 26, 2018, the Federal Communications Commission (FCC) adopted its Declaratory Ruling and Third Report and Order (“Declaratory Ruling and Order”) enacting significant regulatory changes that will impact local...more

Bowditch & Dewey

Appurtenant Railroad Land No Longer Impedes Development

Bowditch & Dewey on

MGL c. 40, section 54A provides that a municipality cannot issue a building permit to build a structure on land formerly used as a railroad right-of-way or any property appurtenant thereto formerly used by any railroad...more

Best Best & Krieger LLP

[WEBINAR] Creating an Accessible City

This webinar by Best Best & Krieger LLP Partner Michael Maurer covers the basic requirements of the Americans with Disabilities Act as it relates to public facilities, with an emphasis on the public right of way. Michael...more

Benesch

New Municipal Public Right of Way Laws Fueled by Changes to Ohio Revised Code

Benesch on

In response to Ohio House Bill 478, new right of way (ROW) ordinances are currently being considered by a number of Ohio municipalities. Ohio House Bill 478 amends Ohio’s existing laws governing use and occupancy of the...more

Downs Rachlin Martin PLLC

News from the Vermont State House - An analysis from DRM's Government & Public Affairs Team - February 2017

The Agency of Transportation has submitted a proposal to the House Transportation Committee that would allow the agency to seek damages from a utility that fails to move or adjust a utility line that is in a state or local...more

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