[Vision2020] SIDEWALKS

[Kit Craine]

This is the short answer to Chasuk’s question. Sidewalks are part of 
the public right-of-way, which is not the same thing as public 
property.  It is a form of easement where the public has the right to 
pass over (i.e. cross) private property. The owner of the property has 
a legally duty to ensure that people crossing their property can do it 
safely. In terms of responsibility and liability, the public sidewalk 
is no different than any other spot on your property. If a visitor, 
invited or not, is injured because of unsafe conditions, the property 
owner is legally liable for the damages. The difference between the 
public sidewalk and your property is that you can’t forbid passage to 
people who are just walking by.

Perhaps it would be more tasteful to look at shoveling sidewalks as a 
form of civic sharing. I labor to clear my sidewalk so you can cross my 
property safely and you do the same for me. And those who don’t share, 
must sit in the corner for a while.

Kit Craine

On Dec 7, 2005, at 11:26 AM, Chasuk wrote:

> Kit, Janesta, this is not addressed to either of you, specifically,
> but is addressing a general situation that you have brought to our
> attention.
>
> On 12/7/05, Kit Craine <kcraine at moscow.com> wrote:
>> For as long as I can remember, the City's response to problems related
>> to snow is that it doesn't happen enough to worry about--or to change
>> their procedures. As many can attest, it only takes a split second to
>> slip, fall, and land with a broken bone. The few minutes someone 
>> spends
>> clearing their sidewalk can save another months of pain and big 
>> medical
>> bills. If property owners don't fulfill their responsibilities, the
>> City should take an active roll in protecting public safety.
>
> I'm going to have to admit that I am divided on this issue.  If I am
> responsible for clearing the snow from the sidewalk in front of my
> house, then it is _my_ sidewalk, and I should be able to disallow
> trespassers.  If it isn't my sidewalk, then, logically, I should not
> be responsible for keeping it clear.
>
> A business is extending an invitation, "please visit me," but a
> homeowner is not inviting the public to stroll past their house.  Is
> the sidewalk public or private property?  If it is public property,
> then the city is responsible for maintaining it; if it is private
> property, then keep your accident-prone self away.
>
> Note that I am not actually such a curmudgeon that I would prevent
> little old ladies (or little old men or younger versions of either
> sex) from strolling across my property, but such permission might be
> conditional, with appropriate signage reading "Use at your own risk."
>
> I don't own property, and I don't anticipate that I ever will, so
> these musings are purely theoretical.
>
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