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Dwayne B.
Dwayne B., Attorney
Category: Traffic Law
Satisfied Customers: 32909
Experience:  Began practicing law in 1992
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There is a ton of construction on my route to work and numerous de

Customer Question

Hi, there is a ton of construction on my route to work and numerous detours. One alternate route takes me down a residential street. This residential street has seen a large increase in the amount of traffic traveling thru it due the construction on the major artery nearby. Now a sign has been erected that says "Road Closed to Thru Traffic" even though the road is well maintained and is not under construction. Is this sign legally enforceable?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. It depends on who constructed the sign. If it was someone in the neighborhood without legal authority then no. If it was constructed by the city, county, or state then likely yes, assuming that the entity had the power to make the designation. For instance, if it was a County Road then the City couldn't change the type of roadway without the County's permission. The fact that a road is or is not under construction or well maintained does not necessarily have anything to do with it being closed to thru traffic. Many times, when deciding to construct a road the governmental entity does a traffic study to see how much traffic the roadway can bear and budgets that into when the road has to be maintained or replaced. If the nearby construction increased the traffic through there to a large degree the entity can then close the road so that it does not reduce the "life of the road". There can also be other factors that figure in such as schools, parks, etc. since constant thru traffic flows differently than normal traffic. I was City Attorney for a small city at one time and saw the planning that went on in things like this and these are some of the reasons for making some streets one type and some another.

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