Michigan’s new Complete Streets law, Public Act 134 and 135 of 2010, was cited this week in Opinion No 7251 by Michigan Attorney General Mike Cox. It states that a county road commission does not have to get the permission of a property owner to build a pathway in the easement of a county-built road.
The question dealt specifically with construction of a pedestrian and bicycle pathway in the easement of a county road. “Easements may only be used for lawful purposes,” Mr. Cox said, “but construction of a pedestrian and bicycle pathway in such an easement would constitute a lawful purpose. So, permission of a property owner would not be required to construct such a pathway.”