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Ask Mr. Answer Person: "Are street boulevards public or private property?"

Posted: Tue, Sep 11, 2012 5:06 PM
The owner of this Broadway Street property wants to make sure you know they are yard signs!

Rick e-mails Mr. Answer Person: "I find it hypocritical that the City of Decorah tells us the boulevards are "public" property when the political signs come out, but private property when it comes time to trim the boulevard trees. My question is: Which is it--public or private property?  I can't imagine a judge wouldn't decide those trees are the city's and they need to trim them.  The real estate signs seem to be selling a product just as much as political signs.

Is this inconsistency in enforcing laws a symptom of the negative part of small-town living?"

Mr. Answer Person says: "This is the kind of question I LOVE--not really a question, but a chance to sound off!  It is true that city ordinances do not get enforced uniformly.  As Rick points out, political signs aren't supposed to be placed in the boulevard--but real estate signs and a host of others are ignored when they get placed there.

There's not only the tree trimming issue, but also the boulevard property gardens and the issue of requiring sidewalks that all touch on the question of what authority the city has.

But there's little doubt that because boulevard property legally belongs to the City of Decorah, it has complete authority to set whatever rules it wishes.  Those rules can be enforced haphazardly--as sometimes they are--but there's no doubt the City of Decorah can set such rules.