Private Use of Public Right-of-Way: Unanticipated Impacts to Pipeline Installation

Public rights-of-ways are frequently the corridor of choice for the installation of new pipelines. In evaluating the viability of these corridors, the widths of the right-of-way and the location of pavements and utilities are routinely considered. What may not be accounted for is the use of the public right-of-way by private entities and individuals. A close review of permit records and other historical data may find that over time, private individuals and privately owned business have taken over the use of a part of the public right-of-way. Owners and planners may also come upon these private and at times non-authorized uses of the right-of-way. Avoiding the non-authorized user’s facilities may cause the project unexpected delays and increased costs. Removing these non-authorized, privately owned, or perceived to be privately owned elements can pose challenges to the project both in costs and project delays. Unanticipated objections to the project may also arise from the perceived taking of private property or the perceived approval for the use of the public right-of-way by individuals. This paper will present examples of these situations and potential ways to mitigate impacts and objections.