Private Access to Public Rights of Way

Association of Construction & Development
September 26, 2013 — 1,526 views  

Essentially, there are four different categories which encompass the different public rights of way. These different passages include the footpath, the bridleway and byways that are either open to all traffic or restricted to certain kinds of transport mechanisms. Each of these different passages allows different kinds of traffic to pass through. While some allow only pedestrians and cyclists, there are others that all kinds of traffic, including horses and motorists.

In certain special cases however, you can ask for right of way which bypasses the system. Also, with technological advancements and the markets moving more to online platforms, rights of way now include transportation of electronic data as well. Traditional users of this private access include organizations that provide gas, electricity, telecommunication facilities and cable or dish television. There have been a number of additions to this list in the recent past, and antenna systems, Wi-Fi and units that are involved in data collection are among them.

New Users in the Market

Even in each different system there is a list of different service providers that are accounted for. For example, the distributed antenna system, or DAS, has many different components. Some of the different organizations that are involved under DAS include those which deal with utility poles, equipment for wireless operators, small cells and even lamp posts. Such things are necessary developments without which other infrastructural developments become difficult. For this reason it is important to keep in mind that these firms require certain privileges regarding public rights of way.

Easements, Encroachment Permits and Franchise Agreements

Easements are one way of looking at a slight change to allow these functions to be carried out without legal discrepancies. Easements refer to relaxation in the laws regarding PROW so that nobody has to get into the endless litigation that otherwise must be taken care of. The amount of paperwork involved delays the process and therefore hinders the growth rate that could otherwise be achieved.

Other ways to improve the situation include encroachment permits, which allow certain companies to get past these laws because they have a legitimate reason behind why they need to be in various different locations that are otherwise not be accessible to others. These permits will not only allow them to access certain locations, but will also effectively keep track of the people who were present in restricted areas. If supervised, the whole operation is sure to go smoothly.

A third way includes getting franchise agreements. This means that if such organizations allow others to buy their franchise, or brand name, then they should also provide for the means to carry out the operation and the legal procedures so that the job is done without any hindrance.

Association of Construction & Development