We discovered today that friends or relatives of a young woman who died from a car accident that occurred in front of our property placed a roadside memorial cross next to our driveway in the right of way. With due respect to their need to grieve and with awareness of the cultural approval of such memorial crosses today, are there any Georgia laws that speak of their right to place such a cross on my property and/or how long I must/should let it remain there?
"Road crews with the Georgia Department of Transportation are charged with keeping roadside right-of-ways clear and that includes the memorials set up to honor victims of traffic accidents. A DOT spokeswoman says safety trumps sentiment. Each and every one inside the right-of-way is illegal. " http://wsav.com/2015/05/25/roadside-memorials-removed-in-georgia/
On a similar note, does anyone know if "right-of-way" is legally defined in the Georgia code? I always hear a lot about what can and cannot go on the right-of-way, but I was never able to find the term or a similar definition in the code.
Rights-of-way are quite clearly defined on the GIS mapping software used. Roadside memorials are illegal and I'd remove one in front of my house after a day. I also feel a family's grieving ends where it prolongs those in the neighborhood's memory, and becomes an annoyance and "in your face" daily. The need to face a stranger's death several times a day is overboard. In front of my house would be intolerable.
In front of my house on the road in the right of way, I might leave it for a week. After that, it would be gone. On the other hand, if it kept cars from lining up there and making it difficult for me to back out, I just might leave it.
When you say right of way, are you talking about the 6 to 8 foot swath for utilities and such? Do you care for it (mow, etc)? If so, that's YOUR land, the utility companies have an easement...and they are the only ones who can legally access it. If it is truly a right of way, then the purpose if for the public to have a path to cross private land...again, no right to remain there or put up tacky signs.
And probably easier for you to take it down as many times as necessary than it is for them to put it up one more time. Unless they come by and set your house on fire or something. Nemo
I agree that it should be left up for a week out of kindness and compassion. They will be driving by and looking for it. They can't expect it to be up indefinitely. Take it down when it bothers you after that.
Sure, its his property and he can put up a memorial. He would have plenty of room not on the right of way too. Nemo
Roadside memorial update An update to my original post on roadside memorial: When the Georgia State Patrol came back to re-survey the accident site on our road, I asked the officer about the roadside memorial that had been placed on our property. His reply surprised me: it is actually an act of littering to put out such memorials along the road (although officers would be quite reluctant to cite someone for doing that). Further, he explained that I would be within my rights to remove the memorial from my property. However, he did admit that, out of consideration for the accident victim's family and friends, I could leave the memorial in place for a while (undefined). BTW, I was and continue to be grateful for and impressed by the professionalism, courtesy and demeanor of the GSP officers.