I need to further clarify this.If the ADJOINING property owner has an object built,parked,or placed on highway right of way and an accident happens that property owner could possibly be held partly responsible for damage or injuries to others.The state could also be at fault for allowing that object to remain there without having the property owner remove it.Lots of instances statewide especially in rural areas of objects on state r-o-w.
come a long and a chain, that way you can move it slowly.
To compel a man to subsidize with his taxes the propagation of ideas which he disbelieves and abhors is sinful and tyrannical.
Off topic, but....
When I was in school, I worked for a guy that shall we say was not well liked. Neither were his kids. People tended to run over his mailbox on a regular basis. He dispatched another guy and myself to build him a mailbox that would be car-proof. We took an 8' piece of 4" schedule 80 pipe, sunk it in 42" of concrete, filled the pipe with rebar and concrete, welded a flat plate on top, put a few decorative curley-cues on it and bolted up the mailbox. We figured that anyone who drove through his yard and hit it would tear up their car badly.
Then we finished a bathroom remodel, took the old commode, claw tub and pedestal sink and set up a bathroom around the new mailbox post one night. You can run, but you just can't hide.
"Facts don't enter a world dominated by our beliefs.''
Let's go back. Back before the internet. Back when to publish ignorance you actually had to bust out a number two pencil, write the foolishness on a piece of writing paper, stuff it into an envelope, lick a stamp and afix it to the upper right hand corner of the envelope, and hope you spelled "Dear Abby" correctly and legibly before placing it into a United States Mailbox for transport by one or more Federal Mailmen. Back before Abby lost touch with the world, she would then yard up a noted Mailbox expert and ask him or her what the skinny was on the hordes of people being killed by mailboxes, and eventually she would address the subject in the local newspaper where any man, woman or child of us could admire the answer with their morning coffee.
The Mailbox at the side of the road is not personal property. That's right, it does not belong to you or me or anyone else personally. It belongs to the United States Government, and that has been true since Ben Franklin said it was. The Mailbox has been there for about a dozen wars, about the same number of recessions, a depression, the hula hoop, pet rock, and longer than Elvis and Mike Jackson sucked wind (god rest however much of their souls aint still alive at this moment). I don't know of someone personally who killed himself on a mailbox. But I'm not questioning whether it can be done.....just how many folks manage to accomplish it.
The Mailbox is placed per the authority of the United States Postmaster. Now the Postmaster aint the member of the United States Presidential Cabinet that he once was, back in the good old days when he could wage wars, make treaties, tax liquor, and set the morning line at Churchill Downs, but he is still a Federal Employee with about 650,000 other wage making Federal Employees at his beck and call. In round numbers that comes to about 43 full infantry divisions worth of United States guts and glory. Which is why he/she is called the Postmaster General.
Now here's the tricky part, so let's pay close attention.
The moment the local mailman first puts mail into a mailbox, it is federal property and understood to be legally and rightfully placed. The State of Kentucky, Jefferson County, the City of Louisville, and people not even using a mailbox since they are posting on the internet (for example) simply can not set aside the fact that for every practical purpose the ghost of Mr. Benjamin Franklin his own self has reached down and touched that mailbox and it now has more rights than you, me, or any fool who manages to careen off the highway and damage that mailbox by using it to kill himself with. It is illegal to molest, crash, deface, mangle, or otherwise disturb a United States Postal Service Mailbox.
That poor dead fool, in addition to being dead, is legally responsible for replacing that mailbox to it's former condition and acceptable location, ready to receive tomorrow's val-pak coupon bonanza.
It amazes me the amount of legal advice that gets tossed around the internet that doesn't rise up to the standard of "Miracle on 34th Street."
But don't take my word for it. Call your car insurance man up and ask him how many damaged and destroyed United States Postal Mailboxes the fine engine of commerce he represents pays for on behalf of liable policy holders in an average year. I don't know how many it is exactly, but I will bet you one thing.....
It's a lot more than the number of people who commit suicide by crashing into them.
Last edited by Docknboatlift; 12-29-2009 at 02:21 PM.
Mailboxes under fire in Western Ky.
PADUCAH - State transportation officials have checked state right of ways, citing residents whose mailboxes are considered hazardous. The action has drawn the ire of some who want to know what officials plan to do to protect their boxes from vandalism.
"Mailboxes are being destroyed left and right," said one Paducah resident who was cited. "Can they guarantee that no one will knock it down?"
Boxes must be connected to a "breakaway" pole, instead of beams, solid concrete, brick or other types of structures used by some homeowners to protect the boxes from vandals.
Highway officials contend safety is one element not open for compromise. "The regulations prohibit permanent structures from being placed along a right of way," said John Agee, branch manager for traffic at the Kentucky Department of Highways in Paducah. "It serves to protect the motoring public against safety hazards."
Here is some more information for you!
Mailboxes: A safety concern?
A: Mailbox installation may seem simple, but residents need to think about safety before they install a new mailbox. Mailboxes that are set firmly into the ground, and/or have large posts, can become a fixed-object hazard. Mailboxes that are not fixed properly to their support can break loose and become dangerous projectiles, endangering motorists and residents. When installing a mailbox, residents should look at a few issues before selecting a location. Safety and convenience of both the mail carrier and the patron must be addressed. A mailbox should not be installed where a person will have to walk along the shoulder of a road for more than 200 feet. The mailbox should also be located in an area visible to motorists, but should not be placed too close to the roadway or the usable shoulder. It should be placed on the right side of the road in the direction that the postal employee is traveling and on the far side of the patron's driveway. The U.S. Postal Service has regulations for mailboxes and mailbox height. It does not have any regulations regarding mailbox installation. The U.S. Postal Service only approves certain mailbox types and requires that the bottom of the box be 42 to 48 inches above the ground. This height is at windshield level, and is the main reason for having the mailbox firmly attached to the post. A mailbox that becomes unattached can break through the windshield of a vehicle and possibly injure the occupants. The mailbox should be approved by the U.S. Postal Service, and should be as lightweight as possible. No more than two mailboxes should be fastened to the same support, and a distance equal to three-quarters the height of the mailbox should be left as a space between the boxes. The mailbox should be attached to the support firmly to prevent it from coming off and possibly injuring motorists and residents. Improper support systems, such as concrete or sand-filled containers, and thick metal pipes, can be hazardous to motorists. Support should be made of lightweight materials that will easily break away. If metal pipes are used, the pipe should not have a diameter greater than two inches. Wood posts should not be greater than four inches square, or have a diameter of more than four-and-one-half inches. The post should not be more than 24 inches into the ground and should not be set in concrete. By following these guidelines, the mailbox post will either break or be moved rather than be a safety hazard for motorists and residents. Before installing a mailbox, residents should contact the local permit department to determine if there are any mailbox ordinances in their community. The American Association of State Highway and Transportation Officials (AASHTO) has published a guide for mailbox location and assembly titled, "A Guide For Erecting Mailboxes on Highways." AASHTO can be contacted at: American Association of State Highway and Transportation Officials, Suite 225, 44 North capitol Street, N.W., Washington, D.C. 20001, (202) 624-5800. Provided by the Traffic Improvement Association 2709 South Telegraph Rd. Bloomfield Hills, MI 48302 (248) 334-4971
some more information.
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