Dispute about the existence of a publicly accessible purpose-built road in a municipality
April 10, 2008
Dispute about the existence of a publicly accessible purpose-built road in a municipality
The Defender opened an inquiry on his own initiative in the matter of a dispute about the existence of a purpose-built road. He ascertained during the inquiry that the highway administrative authority entirely lacks qualified methodological assistance from the regional authority or, as the case may be, the Ministry of Transport. He therefore produced a report on the inquiry with a detailed description of how a road arises, how a publicly accessible purpose-built road differs from a local road and how the highway administrative authority should proceed in cases where access to a road is restricted. The manner in which the highway administrative authority determines the existence or the lack of a road was one of the basic issues dealt with. The Defender stated that in his opinion there may be a procedure pursuant to Section 142 of the Code of Administrative Procedure where the administrative authority issues a declaratory decision.