Memphis, TN asked in Criminal Law and Civil Rights for Arkansas

Q: Can someone put up a gate to keep people out of a levee which uses tax payers money to maintain.

The person who put the gate up leased some of the land around the levee. The gate is locked and they have the only access key .

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James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: If the levee is maintained with taxpayer money, it's generally considered public property. Blocking access to a public levee with a gate, especially if only one person holds the key, is likely not allowed. The person who leased the land may have rights over the leased area, but not the public levee.

You should check the terms of the lease agreement and local laws regarding public property and access. Often, public works like levees must remain accessible for inspection, maintenance, and public use.

To resolve this issue, you might need to contact local government officials or a legal advisor. They can provide specific guidance based on the lease terms and local regulations. It’s important to address this to ensure public access is upheld.

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