Case Example – Highway Rights of Way img

Case Example – Highway Rights of Way

calender icon 7/25/2023    poster icon  Mark Goodman

Highway rights-of-way in Minnesota are typically going to be about 66 feet wide unless there’s something expressed otherwise. However, that’s not always the case.

There was a case we dealt with wherein one of the property owners adjacent to the road was arguing that the widening of the proposed highway wasn’t permissible because they were only subject to the road where it was actually located rather than the full width.

In St. Paul, we have seen some very unusual widths of roads. Some roads will be 30 feet wide at one point, 20 feet wide at another, and so on. This can happen when you have a road that was created by different means (deeds, condemnation, and related factors).

It’s important to understand that roads in Minnesota are typically going to be 66 feet wide – some of them (such as state highways) are often a hundred feet wide. If you’re not sure, it’s important to check the real estate records or even with your county highway department to find out what the expectation is so that you can avoid problems and litigation.