Public vs. Private Roads: Who’s Actually


Responsible? First things first. Who ownsthe road?


When a developer builds a new community there are conversations that take place long before the first owner moves in.The roadways can be dedicated to themunicipality for public ownership or retained as private roads that will need tobe maintained by the homeowners association.


Municipal dedication is not always automatic. There are many factors that go into determining the future of a roadway. During the planning stages, key factors such as engineering standards mean that roads must meet current municipal codes as well as budgetary impact considerations. In addition, whether the road will need to be accessed by the public to connect major thoroughfares and public access points will also determine if the road is dedicated to the municipality.


Say the city or village agrees and determines that the road will be dedicated and they will assume responsibility; the process isnot always thatsimple.Before a roadisdedicated, it must meet the current municipal standards and be accepted.In some cases, while the road was intended to be dedicated, the developer never fully finished the process, leaving road ownership in limbo.


What can also happen is that the developer fails tocomplete the dedication process, leaving the roads in limbo. This can create a lot of confusion,f


f


significant amount of time.f The road may look public,k


but residents are paying property


taxes. Municipal workers may be plowing snow adjacent to the community association and homeowners assume they should be getting the same services because the road appears public. However, if thef


plat never shows that the


road was dedicated or the municipality did not formally accept it, the community association may be responsible for services such as plowing, repairs, drainage, and beyond.


The manager, the board,and the homeowners should never assume they know whether the road is private or dedicated. Best practice ag eemgree ents an


and request onfirmat on AlAll documentation record


equest confirmatiion in wr t ng ro records of the ssoc at on


practice is to pull the original plat, easement s, dedi a on doc men s, review GIS map ng, riitiing from the


dicatio cum nts


ocumentation shoulhould be retaineetained in the he associiatiion.


pping


he municipality he booksooks and


unicipality. nd


cost a lot of money, and waste a


What Shared Maintenance Arrangements Typically


Look Like Not every situation is strictly public or strictly private. In many communities, responsibility is split through a formal maintenance agreement.


These formal agreements are sometimes referred to as intergovernmental agreements (IGAs), special service agreements (SSAs), joint maintenance agreements (JMAs), memorandums of understanding (MOUs), and more.


These agreements spell out the location shown on the recorded plat, cost allocations, and liability rules, much likeany contract. These agreements also define the responsibilities of each party, such as who is responsible for plowing and repaving, assigning legal responsibility and insurance coverage limits, as well as dispute resolution and termination clauses.


An exampleof such an agreementmay havelanguage stating that the municipality is responsible for paving, pothole repair, and regular maintenance, while the homeowners association is responsible for snow plowing. Cost-sharing allocations can vary and may be based on a percentage, per-mile calculation, or a set dollar amount.


In most agreements, the municipality will require emergency vehicle access to ensure that all residents can be reached during an emergency. They may not be solely responsible for maintenance but will place requirements on the homeowners association since police officers and firefighters have the legal right to enter even when the property is private. If the property is gated, for example, a Knox Box, siren-operated sensor, or key switch may be required.


Not all agreements are written in specific language and can create confusion, which is why it is so important to read these agreements carefully, consult your legal team, and work closelyk


with your public works department for clarity. Do not forget to get it all in writing.


RESERVE STUDIES and ROADWAY ANALYSES should be updated every three to five years.


48 | COMMON INTEREST® • Fall 2026 • A Publication of CAI-Illinois Chapter


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