May not be criminal, but need ideas.....

Dispute among two neighbors in an unincorporated village in our county. One neighbor has parked a farm trailer, for nuisance value, for more than two years, on a small piece of ground between his enemy's property line and a gravel county road. The space between the property line and the edge of the county road is just wide enough to accommodate this trailer.

Sheriff wants me to "figure out how" we can make the guy move the trailer. I can't find any traffic offense for parking a trailer too close to a roadway.

We have no way of knowing if this county road was ever properly adopted. We have no way of proving where the right of way is.

Ideas?

Has anyone politely asked him to move it?

Could the trailer be parked on part of the right of way? In which case it would be on county property, wouldn't it?

Check out the abandoned vehicle statutes in the Transportation Code. If the trailer is parked on the right of way or any kind of county or city owned property, it can be towed after suitable notice to move (those cute orange stickers on the windshield). If the property belongs to the trailer's owner, you will have to find another solution. If the trailer is parked on another person's property, check with the person. If they object, the trailer can be towed after the required notice and waiting period.

Thanks for the comments.
John, yes he has been asked but won't do it.
Gordon, how do you know where the right of way is located? I think this road was first a private way, then later it began being maintained by the county. I doubt there is any map that would show a right of way.
Ansolaberhere, thanks but the junked vehicle statute applies only to self-propelled vehicles and not trailers.
Mike

If not an abandoned vehicle, how about litter?

Sometimes, a story printed by the press is more effective than any judicial order. Just a phone call away....

I would bet that you won't find a map either. You might check to see if the road is or was a private easement prior to the county's adoption. If so there should be at least be some sort of legal description of the easement itself. Also, I would see if the county officially adopted it or just took over the maintenance. Check out AG opinion JC-0503. It talks about maintenance of a county road but, it also includes a good discussion on how counties can establish public roads.

John gave a much better and more complete answer than I would have given you.

If the trailer is litter, maybe it is also an obstruction. See 42.03 P.C. Also ownership of the land under that statute seems less important than whether substantial group of the public has access or it was previously being used for passage. If the road is only an easement by prescription or implied dedication, then only the traveled portion belongs to the public and I think it will be difficult to control where the trailer is parked or stored short of nuisance law (which is something that should be resolved in a civil suit between the neighbors).