this post was submitted on 13 Sep 2024
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I've usually heard "right of way" used in terms of sense 3 of the dictionary. I've never heard it used to refer to the ability to make a road -- that just makes me think you have a skilled construction crew on speed dial.
Dictionaries list common usage - even if incorrect. Look up the definition of right of way for your state or other government and I'm certain it will be the thing on which you travel or the right to create and manage it, not your "rights" while traveling on it.
I couldn't find a list of all definitions by state but the three states I checked all use that.
It would be weird if they didn't, since that's been the term since before automobiles existed: https://en.m.wikipedia.org/wiki/Right_of_way
Am I out of touch? No, it's the dictionaries that are wrong.
Looks like someone looked up their state definition and was annoyed at being wrong 😉