What is a Road “Right-of-Way” and Easement?

Mar 30, 2022

In response to questions raised by property owners along community roadways, the Saint Regis Mohawk Tribe takes this time to provide information related to “Right of Way” and Easements granted for Tarbell Road and Beaver Meadow Road, but applies to work on all community roads:

A road right-of-way is a type of easement provided over land, in this case for the purpose of constructing and/or maintaining local roadways. To improve and maintain our roads, funds are used from three (3) sources; federal, state, or tribal.

Federal funding comes from the Bureau of Indian Affairs, state funds (mostly in the form of in-kind services) come from the New York State Department of Transportation, while tribal contributions come from the Tribal General Fund.

When possible, the Tribe utilizes external funding sources before tribal funds, which can be used elsewhere in the community to support other vital programming and services. Due to decreased casino revenue over the past few years, the Tribal General Fund has been limited--making this practice more important than ever.

In order to undertake and complete required roadwork, a list of community roads is provided to external funding sources for all roads that are scheduled for improvements; such as Tarbell Road and Beaver Meadow Road through a Tribal Council Resolution. The submission of these roads makes them eligible for federal funding that is needed to repave and maintain them.

A right-of-way for these roadways will not result in lands being taken from individual property owners, nor does it transfer ownership to the SRMT or BIA--it merely establishes limits within which roadwork may be completed with federal funds.

Typically, the right-of-way is for the distance of 50 feet in total width, which is measured as 25 feet from the center of the road for each side of the road

For any significant construction or re-construction of community roadways, a public meeting will be held to present road designs and any anticipated improvements that will be made.

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