sidewalk maintenance by property owners is racist

In the 2025 book Dividing Lines: How Transportation Infrastructure Reinforces Racial Inequity (2025; ISBN 978-1-324-13056-7), Deborah N Archer lays out the issues that have long plagued the Black community as their neighborhoods were underinvested, and broken up by transportation infrastructure built for the convenience of white people. She also covers the past legal frameworks that encouraged this, as well as the laws which can be used to fight it and correct it. I am part way though reading the book, but it has deepened my understanding of the racial bias built into our transportation system.

This is not just a problem of other cities. The alignment of Interstate 5 was designed to both erase low income housing and the people of color that lived there, as well as related businesses, and to isolate what remained from the rest of the city. The alignment of Highway 50 was designed to remove low income housing and the people of color that lived there, to isolate the higher income Land Park neighborhood from the city, and erased part of Southside Park. Highway 99 cut directly through south Sacramento and isolated the Black neighborhoods on both sides. And this is just the freeways. Arterial roadways were placed, and widened, and widened again, to separate people of color, and to cater to higher income while people. Many of these were not directed just at Black neighborhoods, but at all immigrant and low income people.

In Chapter 6, ‘The White Man’s Right of Way’, Archer delves more deeply into the issue of sidewalks:

“Even in cities that were not segregated by law, sidewalks in predominantly Black neighborhoods are less common and of poorer quality, often as the result of a legal regime that places greater reliance on private property owners. More than perhaps any other means of transportation, pedestrian infrastructure is highly localized in its construction, funding, and maintenance; the federal government does little to oversee or force accountability on sidewalk quality or even whether sidewalks are required on a particular road. Sidewalks are in some ways “public,” but are also closely associated with adjacent properties or lots. The result is that neighborhood socioeconomic disparities map directly onto pedestrian infrastructure quality, as poorer neighborhoods that are disproportionately Black and Brown are less able to invest private capital into maintaining their sidewalks.”

The City of Sacramento responds to complaints about sidewalk condition such as root heaves by making the adjacent property owner repair the sidewalk, or if the property owner does not do so, doing the repair through a contractor and billing the property owner. This is the city’s policy. State law allows the city to impose this, though it does not require the city to impose it. And just because something is in state law does not make it constitutional. As I have said before, requiring a private property owner to maintain city property is prima facie unconstitutional.

The city could take on responsibility, if it so chose. It is worth noting that some of the most poorly maintained sidewalks in the city are adjacent to property the city itself owns. The city often does not apply the requirement to itself.

The cost of a sidewalk repair does not fall equitably. A commercial property owner or a high income property owner may be able to handle the cost of repair, which can be quite expensive. A low income or even moderate income property owner cannot. So where are low income and moderate income property owners located? In those parts of the city where sidewalks were narrow or nonexistent, where the standards of construction were lower or overlooked, where sidewalk buffers, if they were present at all, were too narrow to allow for healthy trees. In other words, north Sacramento and south Sacramento.

Archer says: “Municipalities that require private property owners to maintain sidewalks can worsen disparities when they enforce those rules in inequitable or unreasonable ways. For example, when cities pay for the cost of repairs themselves, they often will bill the adjacent property owner. This debt can be enforced through a lien that may ultimately result in foreclosure on the property. It should not be a surprise that Black communities bear the brunt of this practice.”

I used to file 311 reports on sidewalks, before I understood that the financial burden fell on property owns, and not on the city. Once I realized this, I stopped reporting. Archer says:

“A related problem comes when cities rely on private complaints to determine where and when the city should repair damaged sidewalks. Several cities use voluntary complaint systems like “311” phone calls to assess which sidewalks need work. Low-income communities of color are far less likely to call to request help. Seattle, Washington, switched from a 311 system to a fixed repair schedule after officials realized that relying on 311 led the city to make a disproportionate number of repairs in high-income, white neighborhoods. Those residents were more comfortable filing complaints and likely had higher expectations that those complaints would be addressed. When Boston embarked on a citywide campaign to address sidewalk inequities in 2017, it opted not to use a 311 system. Instead, city officials went block by block over Boston’s 1,600 miles of sidewalk to set repair priorities. But not all cities have the interest or the resources to follow Seattle’s and Boston’s leads.”

One can argue about whether these disparities were intentional on the part of the city, or inattention by the city, or the result of private developers, or any number of other excuses. The fact remains that Black, Latinx, and immigrant communities have lower quality walking environments, and lower quality sidewalks, and many of the property owners there cannot afford to maintain these sidewalks.

Placing the burden of sidewalk repair on adjacent property owners is racist, if not in intent, then in practice. It is time to change this. It is time for the city to take on responsibility for maintaining sidewalks. I am not talking about situations where damage to a sidewalk is clearly the result of trees planted on private property too close to the sidewalk, or where driving over sidewalks by private property owners (or their tenants) caused damage. But I am most certainly talking about sidewalks where trees in the city right-of-way, which includes sidewalk buffers (planting strips), have caused the damage, and deterioration due to natural causes or substandard construction led to damage. I have looked at miles of sidewalks in the city, and can say with certainty that the city often accepted substandard sidewalk construction because it did not care about the neighborhoods where this shoddy construction was the pattern.

I have written about Denver’s solution (Denver’s approach to sidewalk maintenance, 2024-11-05), and will have more (much more) to say about sidewalks. They are the neglected part of our transportation system.

Talking Headways/Jeff Wood just had an interview (Episode 578, Sidewalk Nation) with Michael Pollack, author of Sidewalk Nation: The Life and Law of America’s Most Overlooked Resource (ISBN 9780674305366), to be published in June. I will take a look at that book when it becomes available, and it should be even more to the point.

Davis regresses on sidewalks

This post was initiated by an article in the SacBee on Tuesday – SacBee (Yolo County News)/Daniel Lempres, 2026-04-07: Davis considers code update to shift liability of sidewalk maintenance. For prior (many) posts on sidewalk maintenance and responsibility, see category: sidewalks.

There is a misstatement in the article: “California law places the responsibility for sidewalks on the adjacent property owner, but Davis typically accepts responsibility for all repairs and replacements.” State law allows a city or county to make property owners responsible for sidewalks, but it does not require that a city or a county do so. It is not uncommon for a government, including the City of Sacramento, to claim that state law forces them, but this is a lie, and they know it is a lie. Davis was more responsible than most cities in that it generally did repair on its own dime. What has changed is that the budget crisis, which Davis and every other city faces, has them searching for ways to extract more money from citizens without raising taxes. This is just one example.

I will state, as I have many times before, that it is unconstitutional for the government to require a citizen to maintain city-owned property. Sidewalks are city-owned property on city-owned land. The adjacent property owner does not own the sidewalk, and does not own the land on which it sits (with a few exceptions when property boundaries do not reflect where curbs and sidewalks are). Sidewalks are an integral part of the transportation network, and should be maintained in the same way as the rest of the roadway. We don’t ask adjacent property owners to repave the street, and we should not ask them to fix the sidewalk. Unless of course the damage was caused by a privately-owned tree.

For the 2026-04-07 Davis city council agenda item (#7) on sidewalks, see Ordinance Adding Article 35.09 to Chapter 35 of the City’s Municipal Code Related to Responsibility and Maintenance of Sidewalks and Update on Sidewalk Inspection Program, staff report | presentation.

To the considerable credit of the City of Davis, it does have a sidewalk inspection program, under the Sidewalk Accessibility for Everyone program, which the City of Sacramento does not. Though the Davis presentation states that the City of Sacramento does, there is no evidence for a regular inspection program; rather the city inspects when there is a complaint. Also to the credit of Davis, fines paid by adjacent property owners who do not fix the sidewalk would go back into the sidewalk maintenance program, not into the general fund, as it would in the City of Sacramento.

Video of the staff presentation, council discussion, and decision is available on video at 2:35. One council member asked the question about responsibility if the sidewalk damage was caused by a city-owned tree (as it often the case). Legal counsel said that the ordinance still places responsibility on the adjacent property owner. Another council member asked about how low-income property owners and affordable housing would be handled. Counsel said that if the damage was caused by a utility, it would be paid for by the utility, whether the city or private (PG&E), but that city-owned trees were not included because most damage was caused by city-owned trees, and that would mean less income to the city from property owners (!). A number of other questions were raised by council members, which are not answered in the ordinance.

The ordinance presented and passed (first reading) is the first step in developing policy to underlie the ordinance. City staff was vague about when the policy would be in place, and when the ordinance would be enforced.

The photo below is from the City of Davis staff presentation on the sidewalk ordinance. Note that this is a city-owned tree that has caused the damage. Also, a prior repair, which did not solve the problem, is under the worker to the right side.

photo of Davis city crew measuring for sidewalk repair
Davis city crew measuring for sidewalk repair (City of Davis)

Denver’s approach to sidewalk maintenance

Denver is implementing a unique approach to sidewalk maintenance (Denver’s Sidewalk Program). Rather than making the individual property owner responsible for sidewalk maintenance, the city will charge all property owners a fee which will be pooled city-wide to maintain or install sidewalks. It is a flat fee for most parcels, but with a progressive fee based on sidewalk footage for parcels with a lot of sidewalk.

The City of Sacramento, and most governments in California, make sidewalk maintenance the responsibility of individual property owners. State law allows this, though does not require it. You can see the results for yourself: broken sidewalks due to root heaves, discontinuous sidewalks, lack of ADA ramps. And the city and cities within the county and the county are not the worst in California. If you want to see truly horrible sidewalks, visit the City of Los Angeles, where root heaves from too narrow sidewalk buffers have broken or destroyed most sidewalks in the city.

Denver, recognizing that the model of individual property owners paying was not working, and under the threat of lawsuits, decided to take a different approach, making maintenance and installation the responsibility of all property owners. This is an immense improvement over the Sacramento and California model, though still falls short.

Sidewalks are a part of our transportation network, in fact are the most important part of that network. As such, they should be maintained, and gaps filled, as part of the regular transportation budget of cities, counties and the state. Making them a special case with special funding, or ignoring them completely, leads to a deteriorated and missing sidewalk network that actively discriminates against people who use the sidewalks to walk, roll, and, in some cases, bicycle. Every broken sidewalk and every missing sidewalk is a abject failure of the government to fulfill its responsibility to citizens to create a transportation system that serves everyone. Transportation engineers will always, if given the choice, prioritize motor vehicles over everyone and everything else, so we must compel them to meet their true responsibilities.

photo of broken sidewalk and missing sidewalk, Capitol Mall & 3rd St, Sacramento
broken sidewalk and missing sidewalk, Capitol Mall & 3rd St, Sacramento

whose responsibility are sidewalks?

broken sidewalk, Sutterville Road at 24th Street
broken sidewalk, Sutterville Road at 24th Street

Note: As I wrote this post, I realized that some background info was needed, hence two related posts: sidewalk buffers and surprisingly good sidewalks.

This week an article in the Sacramento Business Journal, “Rancho Cordova wants to make sidewalks problem of property owners,” talked about the city’s efforts to shift responsibility for sidewalks to the property owners, both residential and commercial. The city spokesperson, Davis Gassaway, attempts to gloss over the impact by saying that it should only cost $1000-1500 to repair a sidewalk, and that Sacramento, Roseville, and West Sacramento already have such ordinances. I think the costs quoted are on the low side. At about $4 per square foot (significantly more for curbs), $1000 would buy 50 linear feet of five foot wide sidewalk in a residential area, and 25 linear feet of ten foot wide sidewalk in a commercial/mixed use area. And just because another city is doing it doesn’t make it a good idea. So, what’s wrong with the idea?

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