Public and private roads

Whether a road is public determines who maintains it, who may use it, and whether the municipality is liable for its condition.

Dedication. An offer by the owner — express, by recorded plat, or implied from conduct — and acceptance by the public authority. Both are required; a platted street is not public until accepted.

Acceptance may be formal, by resolution, or implied by public maintenance and use over time. Municipalities often decline acceptance until improvements meet standards, which leaves roads in a private state for years.

Highway by user. Statutes in several states convert a road to public status after a period of public use and maintenance, with a defined width.

Private roads. Maintained by the owners served, under a recorded agreement or a statutory default. In the absence of either, maintenance disputes have no straightforward remedy.

Vacation. Abandoning a public road returns the land to abutting owners in most states, subject to reserved easements. The procedure requires notice and findings, and utilities almost always require easement reservations.

Liability. Governmental immunity exceptions for defective highways apply only to roads the authority is responsible for, which makes acceptance status the first question in any claim.

Diligence. Confirm status with the road authority in writing rather than assuming from appearance.