Legal Opinion
Informal Opinion No.
New York Attorney General Reports
Decided November 28, 1983Published
1Opinion of the Court
James C. Tomasi, Esq. County Attorney, Washington
You ask whether the municipality, which has acquired an easement by prescription or user to use land for public highway purposes, and/or the owner of the fee to the roadbed is the proper party to consent to the construction and maintenance of cable television facilities within the public right-of-way by a cable television company.
The establishment of a public highway by prescription or user does not divest the adjacent landowner of his fee interest in the roadway but merely creates an easement for that public use and subjects the land to a…
2Cases cited15 opinions
- Eels v. American Telephone & Telegraph Co.New York Court of Appeals · 1894
- Palmer v. . PalmerNew York Court of Appeals · 1896
- Heyert v. Orange & Rockland Utilities, Inc.New York Court of Appeals · 1966
- Thompson v. Orange & Rockland Electric Co.New York Court of Appeals · 1930
- Osborne v. . Auburn Telephone Co.New York Court of Appeals · 1907
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