Jersey barriers on private property with public road frontage

[John1189]

Jurisdiction

Virginia

I have about 300 feet of public road frontage on my farm. The frontage begins just after a sharp curve in the public road. At least twice a year, drivers come too fast through the curve and crash through my agricultural fencing. So far, no people or livestock have been killed, but at least one person has required helicopter medevac, the damage is always extensive, and cattle have escaped. VDOT (I live in Bedford, Virginia) refuses to install a guardrail, despite my property having attracted local television news attention for the frequency of these wrecks. In Virginia, am I legally able to install concrete Jersey barriers along this road frontage (between the road and my fence, but well within my property lines and not in the VDOT right-of-way) to prevent my property, fencing, livestock, and farm workers from damage and death? If a driver wrecked into the barriers and sued me, would a court rule against me for creating some sort of undue risk to drivers due to my installation of these barriers?

 

[adjusterjack]

In Virginia, am I legally able to install concrete Jersey barriers along this road frontage (between the road and my fence, but well within my property lines and not in the VDOT right-of-way) to prevent my property, fencing, livestock, and farm workers from damage and death?

You would be wise to check your building and zoning codes to see if they are allowable even on your own property. If no issue there, you're good to go. Though, if you can afford to buy those things, I suggest something a little more subtle.

I had a problem with people driving across the corner of my lot instead of driving to the corner and making the turn. I solved it by laying out large boulders across the front of my property, 200 to 300 lbs each. One day I came out to find a boulder moved about a foot, a tire track, and plastic car parts on the ground. Gave me a good laugh.

If a driver wrecked into the barriers and sued me, would a court rule against me for creating some sort of undue risk to drivers due to my installation of these barriers?

Your home or farm owners liability insurance would cover you so don't sweat it. Just make sure you have sufficient liability limits to cover your assets.

 

[zddoodah]

I agree that this is a matter of local (county or city) law, rather than state law, and note that you didn't identify the locality.

 

[Red Kayak]

I have about 300 feet of public road frontage on my farm. The frontage begins just after a sharp curve in the public road.

What kind of "public road"? State, county, city/town? The kind of road dictates which rules apply.

I concur with AJ: boulders can be a beautiful thing. So can steel sculptures made out of old machine parts - make a "solid" artistic statement. (One of my former neighbors did that after losing the last mailbox - upcycling old truck parts, using nice exterior enamel paint on his whimsical creation. We just have a row of mature cedars that seem to do the trick - and perhaps even drunks want to avoid the flourescent pink paint transfer from our mailbox post.)

 

[retic]

Not too far from my home there is an S curve where both outside edges are graced by the presence of boulders about half the size of a VW bug, strategically placed just outside of the state's right of way, with four rail wood fencing for horse pastures behind the boulders.

Hardwood trees are beautiful and my yard has several well-established oaks and walnuts, but alas, they take decades to mature.

 

[adjusterjack]

My former house. The boulders were mine. The new owner added his own precautions. Drivers would cross the driveway, drive diagonally across the yard and out the front. I was outside one day when somebody actually did that right in front of me. That's when I set the boulders out that I had stored in the back yard from previous landscaping.

 

[cbg]

I used to visit frequently with family members who at that time lived at the corner of a T junction. The fellow across the street from them was directly in the line of the T, on the cross. At certain times of day, the angle of the light caused an optical illusion (and I have seen this myself - it's not just an excuse for careless driving) that made the house at the junction of the T look to be further away than it really was. Not once, not twice, but three times (the third time being during one of my visits) a car coming up the tail of the T to the cross drove INTO the neighbors' house. Boulders solved the problem. The optical illusion was still there, but at least the boulders brought a stop to unwelcome vehicular traffic in the living room.

 

[flyingron]

Note that there is often (and I'm pretty sure this includes Virginia) implicit sight right of ways at corners, though low barriers probably won't be affected by that.