Unconstitutional Federal Government Control Over Local Roads

A couple of years ago I wrote a thread about how the FCC was taking authority over local municipal right of ways (the roads). I posted an update later talking about how the federal appellate court for that district upheld the FCC's right to control those same roads.

Local Public Right of Ways to be Controlled by the Federal Government,

Well here is a new one involving the same thing; but, with a twist.

MAP-21 - Moving Ahead for Progress in the 21st Century.

I was talking to a friend who I hadn't had a chance to socialize with in quite awhile and she mentioned MAP-21 (sort of like Agenda 21 for roads). She told me that as part of the new Federal funding program for roads and highways, local roads (known as arterial roads) would be treated as part of the Federal Highway System. Once designated part of the Federal Highway System, these roads now can be controlled in the same way that Federal Highways can be. And the states went right along with this because they got some federal funding.

This is not a particularly sexy subject, I doubt many will read it or bother reading the links; but, it is the final nail in the coffin for local control over the public right of ways that are locally owned. It is the turning over of control of those local right of ways to the federal government. The federal government has control over the air and planes, they also have control over any waterway that can be traveled (navigable). Now they have control over any road that leads to the highway system.

Imagine a time when there is a no-drive list. We accepted no-fly lists, we accepted the government controlling who can use what type of transportation.

I see it myself. We have roads in counties, that are in States, which are part of the United States...which are maintained by the County Roads Commissions, Federal Highways guys etc.

And all roads everywhere are patrolled by the local cops, the County Sheriffs, the State Police, the Transportation Police (for trucks) etc, etc. And here in Michigan....because we are an International Border area...we have Homeland Security, Border Patrol, the INS, DNR and Highway Patrols.

I think they have more than a constitutional control over all the roads....including on private property. They "conveniently" have a law for this an that, under these and those conditions....and "we can go where-ever...and dont need a search warrant for...." Geez....

It's right that America is country of laws. For every law and right we have....they have another 10 that coincide with the other agencies to have another 10 and so on.....that they cite as their right to exercise "control" over our roads....so they can "protect" us...and for or own "good".

reply to post by mysterioustranger


Dear mysterioustranger,

What a shame that more people did not read this thread. I know people do not understand the laws regarding local versus the federal highway system; but, there is a difference. Local Right of Ways (also called public easements) are owned and controlled by local authorities, the federal highway system is owned and controlled by the federal government. The federal government does not have a right to monitor local right of ways and because of the FCC ruling, now they do.