Q: Can a city/township declare unimproved platted roads private property and as such no trespassing?
I live in a village in Sanilac county and recently, in a stated effort to absolve the village of liability associated with a number of undeveloped roads, made a decision to declare the roads private property and no trespassing. My concern is that the proper course of action for the village should be to file abandonment, which I believe would free up said roads to claim from abutting property holders (myself included) and that their action potentially creates an environment where I have to walk around this road to get to areas of my property. These plats have been in place for in excess of 100 years without debate until the current issue, which appears to be driven by a single land holder not happy that an unimproved road adjacent to his property is used by the public to access Lake Huron.
A:
This situation is FAR too 'fact specific' to provide a general answer here. You should consult with a local attorney who can look at the various village resolutions, the original land grant in the plat and other details and determine what can and cannot be done. If the land was platted as a PUBLIC right of way, the Village can more than likely set up use restrictions and rules, but declaring them 'private' is probably not allowed, and unless the Village attorney didn't review things probably isn't what was done.
Seek local legal advice to find out what actually WAS done ... it may not be as horrible as you are assuming, and there may well be recourse if it does run afoul of the law. Just don't wait years to do anything -- get that representation now.
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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