When describing a property interest, the term right-of-way generally refers to land used for transportation purposes. Although most people think of vehicles when using the word transportation, it may also describe the movement of goods like electricity, water, natural gas, or oil. Right-of-way interests are for uses like railroads, electric transmission lines, pipelines, ditches, and roadways.
In Montgomery, the term right-of-way references property interest held by the Village in trust for public use. The Village has these rights in fee and maintains the authority to regulate how and when public members and public or private entities can use the area.
Utility providers (e.g., water, sewer, telecommunications) may place their facilities in the public right-of-way. In some instances, federal and state law provide the Village little control to prevent the use of the right-of-way by these providers. Before work in the right-of-way starts, a company must obtain a permit from the Village. The Right-of-Way Permit does not cover or allow for companies outside of the right-of-way to do work.