The town will replace and install a curbside mailbox and post hit by a town snow plow with a conventional US Postal Service-approved, metal curbside mailbox, which has been mounted directly on top of a 4in x 4in wood post, regardless of the type, style, or actual cost of the damaged curbside mailbox. This replacement and installation will only be provided upon investigation by the Town of Smithtown Highway Department which results in satisfactory evidence that the curbside mailbox and post have sustained damage due to snow removal efforts. Installation of the curbside mailbox and post will be completed weather permitting, but in no instance shall a curbside mailbox and post be installed in frozen ground.
The above policy is applicable only to curbside mailbox damage claims and shall not apply to any other claims, including but not limited to claims involving structures and equipment placed above or below grade in the right of way.
Right of Way- An easement, a privilege to pass over the land of another, whereby the holder of the easement acquires only a reasonable and usual enjoyment of the property, and the owner of the land retains the benefits and privileges of ownership consistent with the easement.
Basically, if anything within the first 10' of the property gets damaged from a plow, the Highway Department holds no responsibility. This area needs to be kept clear so that the snow
may be removed from the streets and placed there.