Todd Tolhurst wrote:

Emily Ecker wrote:

 

CMP has power lines beyond our private road. They have a utilities ROW on our road.

My questions are:

What is their relationship to our road association?
Should they attend our meetings?
Should they be (paying) members?

A road association constituted under the Private Ways statute consists of property owners who either own all or part of a private road, or have an easement (ROW) to that road.

Unless CMP actually owns property over which the road passes, or that property has an easement for the road, it does not seem that CMP could be a member of the association, paying or otherwise.

I've never seen CMP being a member of any road association where it has a utilities ROW, whether formed under the statute or not. There may be something in the ROW that explicitly says something about the relationship to those who maintain the road over which it has a right of way. I don't know but it is an interesting question. In any case, the statute clearly defines it as a non-member by virtue of not owning property benefited by the road.