Easement -- the right to do anything ..?

Asked over 1 year ago - Geneseo, NY

the County Highway Dept is destroying the rural character of our neighborhood they are " logging " 80 - 100 year old trees , that do not interfere with any public utilities these trees appear to be marginally within a easement on the side of a rural road the neighborhood association wishes to stop this work , we have funding , but do not know how to proceed

Attorney answers (2)

  1. Richard J. Brickwedde

    Contributor Level 12


    Best Answer
    chosen by asker

    Answered . Has anyone checked to see if the County has complied with the state environmental quality review act (SEQRA)? There should be an environmental assessment form (EAF), and a SEQRA determination. The county may have declared the action a Type II action (exempt from SEQRA) or prepared a negative declaration.. You need someone with knowledge on environmental laws to check this out for you, but you should immediately get the highway dept records.with regard to what they are doing. You should also go political to see if you can get them stopped, and the matter sorted out. You might contact the DEC regional office in AVON to see if they might intervene -- not likely, but it's worth a shot. I am in Florida at the moment or I would be available to assist. You might check with Alan Knauf in Rochester. He does a lot of environmental work in your area.

    My answer to your question is for general purposes only and does not establish an attorney-client relationship,
  2. Jayson Lutzky


    Contributor Level 20


    Lawyer agrees

    Answered . Look under AVVO find a lawyer tab above and put in your geographic area and the category real estate or easement. good luck.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more

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