Public Rights of Way

(a)The public shall have the right to pass unhindered over a Public Right of Way. For the purposes of this Chapter, a Public Right of Way includes

(1)easements for roadways created by law or operation of law;

(2)those subdivision easements, access, or rights of way created by delineation on approved maps, way of formal grants or dedication of easement, access, or right of way, regardless of formal acceptance by the government; and

(3)those rights of way mandated by the Subdivision Law within a subdivision or lot parceling which appear on an approved final subdivision or lot parceling map as dedicated easements, dedicated access, rights of way, or roadways.

(b)The signature of the owner and approval of the Department of Land Management on a final subdivision or lot parceling map delineating an easement, access, roadway, or right of way, thereby grants to the public the right to pass unhindered over that public right of way.

(c)The Department of Public Works shall have oversight responsibility for the development of public rights of way through the Highway Encroachment permitting process. However, such COL 8/23/2023 CH. 62 SUBDIVISION LAW oversight responsibility notwithstanding, the Government of Guam shall in no way be encumbered to develop this roadway. The obligation to develop the roadway shall remain with the subdivider as provided in § 62501 of this Chapter.

(d)A public right of way serves the public and all the landowners whose properties abut the easement, and the subdivider shall in no way retain special property rights that would allow him to encroach upon, obstruct, place obstructions upon, hinder passage over, place signs upon, or hinder maintenance of the public right of way.

(e)The subdivider shall in no way retain special property rights that would allow him to charge fees for passage or otherwise, that would allow him to prohibit, and therefore, discriminate against, any member of the public from using the public right of way.

(f)The subdivider shall in no way retain special property rights that would allow him to grade, change water courses upon, or modify the topography and roadway elevation of the public right of way without the prior written authorization from the Department of Public Works.

(g)The subdivider shall in no way retain special property rights that would allow him to use any portion of the public right of way to meet set-back or other zoning requirements.

(h)In subdivisions approved since 1975 where the subdivider has not opened, improved, or established a public access road, any landowner whose property is served by the public right of way may, with the express written authorization of the Department of Public Works, take necessary and reasonable measures to make the public right of way passable for ingress and egress to his property. The subdivider shall in no way retain special property rights that would allow him to obstruct the lawful development of this public right of way.

(i)In subdivisions where the subdivider or the government has not maintained the public right of way, any landowner whose property is served by that right of way may take the necessary and reasonable measures to maintain that portion of the easement that immediately abuts his property. Reasonable maintenance is herein COL 8/23/2023 CH. 62 SUBDIVISION LAW defined as cutting brush, mowing vegetation, filling potholes, and removing rocks and other obstructions to passage; it does not include grading or otherwise changing the topography or elevation of the roadway