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County Attorney Memorandum Addresses Old Firetrail Road

Memorandum regarding options

Post Date:08/17/2016

After hearing concerns from citizens whose properties are served by Old Firetrail Road, the Board asked for a summary of options available to such citizens, and the County’s role regarding those options. This memorandum shall serve as the requested summary. As an initial matter, there has been much discussion over whether Old Firetrail is public or private. All the plats of the properties along, and served by, Old Firetrail clearly state that the rights-of-way are private, and not subject to public maintenance.1 It is also important to note that there is a difference between a “public right-of-way,” “public road” or “county road” in the sense that the general public has a right to use a certain road, as opposed to a “public road” or “public highway” which has been expressly dedicated to, and accepted by, the state for control and maintenance

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