Mailbox responsibilty
- According to Section 319 of the New York State Highway Law, mailboxes are considered highway obstructions and are only “allowed” in the right-of-way as a convenience to the owner as it is understood they are required for mail delivery.
- “The highways of the state are made for and devoted to public travel and the whole public have the right to their use in their entirety and when obstructions to public travel are found within their bounds, the commissioners of highways are clothed with power to remove them without waiting for the slow process of the law, even though travel be not absolutely and entirely prevented.” (Emphasis supplied). VANWYCK v. LEND, SS Hun 301.
- “The owner has no right to interfere with the speedy and efficient removal of snow by placing the mailbox in such a position as to cause this result, and no liability results on the part of the public official charged with the duty of snow removal if such a box is so placed that it may be injured by proper highway maintenance”. Attorney General 2128166.
- There is no statutory or legal authority which grants a property owner or resident along a public highway any right to place a mailbox in a highway right of way. The owner may have an informal license, but this does not endow the owner of the mailbox with any legal rights in the highway when needed for highway purposes. The Highway Department and the State have a duty to keep the highway available for public use. Snow removal and snow storage are an incident of that use.
Highway Superintendent Statement
“The Town of Hounsfield DPW is charged to keep the town roads clear of ice and snow for all travel and emergencies. Unfortunately, a consequence of this duty could result in isolated incidents where town snowplow wings may hit resident mailboxes. The drivers try to be careful, however, during heavy snowstorms, white outs, etc., they may accidently hit mailboxes due to low or zero visibility. Sometimes heavy slush off the end of the snowplow wing will also do damage. Other times the drivers must push the snow back far enough to be ready for the next snowstorm. New York State does allow mailboxes to be placed along the road, however, this is not a right but merely a convenience. If you place a mailbox in a highway right-of-way, please make sure it is well set back from the road and not a hazard. We appreciate your adherence and understanding in this matter”.
