Right of Way Over Private Road In Pennsylvania
In Mattei v. Huray, 54 Pa. Commw. 561, 422 A.2d 899 (Pa. Cmwlth. 1980), Huray owned land that did not have direct access to a public road and proposed to build a private road across the Mattei property to a state highway.
Even though Huray did have a right-of-way from his road to a public road, the right-of-way was not feasible for a private road because the topography would make construction expensive and inclement weather would close the road for a portion of the year and as such, the Board concluded that the proposed road over the Mattei property was necessary.