Informal Opinion No.

Robert E. White, Esq. Town Attorney, Brighton

I am writing in response to your request for an Attorney General's opinion as to the ownership of material located inside the bounds of a town highway.

Your letter notes that the town highway superintendent often has occasion to cut trees and remove soil from within the bounds of a town highway. You have asked whether the owner of the property adjacent to the highway owns the soil and material being removed or whether the town owns this material.

The town's authority to remove material from within the bounds of a town highway depends upon the nature…