Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I have a private lane in the bottom land of my property, (grass/ gravel) and it is listed as “Private” in the local county courthouse (Garrard Co., KY.) It is also “Private” with the State Transportation Cabinet. There are no houses down there, and the lane is only about 200 yards long, ending in a creek bed. I have lived here for 20 years and recently placed a gate on the lane, because a 4-wheeler almost hit one of my kids. A farmer, who has no easement or right of way, and is NOT landlocked, decided he didn’t want the gate there because he wants to get to his back hillside that way, (even though in 20 years I have never actually seen him drive down my lane to get to his hill.) I offered a key just to keep the peace. Since this is a small town and the Magistrates and County Judge are all members of the “Good Ole’ Boy” Network……they voted in Fiscal Court to remove my gate on my private property and private road…..with the County Attorney all the while saying they couldn’t touch the gate, legally. They came and cut my gate down with a blowtorch. I’m a single mother on disability, and have lttle resources to hire an attorney. They have incited my community to threats against me. (I’m not originally from here, if you couldn’t tell) Do you think this could be a case for the ACLU? I need help somehow.”
Question: We have no way of knowing whether the ACLU would be interested in this matter, however we would suggest starting with asking for suggestions from the County Attorney, who seems to be the one person who has advocated for your rights here. You may also want to try the county bar association.
