Property Owners Are Liable for New Canaan’s Sidewalks

Back in November 2006 the Town Council considered a proposed Ordinance Concerning Snow Removal. We located Minutes of the Public Hearing, as well as Minutes of the Town Council Meeting where the Council (Item 4) decided to “postpone the Ordinance indefinitely.” We think some of the names of those who spoke against the proposed ordinance at the Public Hearing is telling, and the reasons they gave for opposing it are directly relevant to the newly proposed sidewalks.

Most worrisome is Attorney/Councilman Tom O’Dea’s statement:

  • “Mr. O’Dea advised that under the existing laws the abutting property owner IS liable if a pedestrian falls on an uncleared sidewalk that abuts his or her property. Further, the Town does not have the resources to clear snow quickly enough. He also advised that the Town owns some of the sidewalks but that in other instances, it is the property owner who owns the sidewalk, and the Town has an easement.”

The section of the Town Code (Chapter 54 Section III) to which Mr. O’Dea refers is currently still in effect. Any property owner in the proposed sidewalk zone (see the Pedestrian/ Bicycle/ Transit Plan) should take notice; you could be next. Is this in your best interest? How deep are your pockets?

We think it’s time for the Town Council to strike this section of the code

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2 Responses to “Property Owners Are Liable for New Canaan’s Sidewalks”

  1. Eloise Says:

    Town Council, per their meeting on Tuesday, 17 June, seems inclined to relieve all abutting homeowners of liability and maintenance of not only planned sidewalks but existing ones as well. I want to see this in writing with clear language that the relief is in perpetuity and non-reversible, ever. Then, and only then, should installation of the sidewalks begin.

  2. Elizabeth Says:

    Have they agreed to put this in writing (with clear language)yet?

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