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Re: Transfer mystery

Posted by BusMgr on Sun Jan 17 01:19:26 2021, in response to Re: Transfer mystery, posted by Dyre Dan on Sat Jan 16 04:15:24 2021.

The underlying question is whether a city should be permitted to determine who may use the streets. Under the common law, there has always been a right to use streets in a person's individual capacity. But that common law right does not extend to using the streets for profit, i.e., for-hire use. A "franchise" is the sovereign's grant of a right not available to the public at large. So a person could use a franchise granted for a right to for-hire use of streets. A person might also be permitted for-hire use of streets through a license, or the city or state might consent to for-hire use without any further permission. There's no "right" or "wrong" answer as to how cities might regulate for-hire use of their streets (other than, at least in some states, doing so consistently with state law). Some cities just want to regulate traffic, or obtain license or franchise fees, or in some cases to engage in corruption.

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