Mailboxes are in the right of way by permission of the municipality and if damages, there is no legal entitlement to replacement or payment. Each municipality has its own policy regarding mailbox replacement. If the municipality is in the right-of-way, the municipality has a legitimate concern for the safety of drivers and for its own potential liability under the Highway Defect Act, since a mailbox that is a "deadly fixed object" may be a highway defect. If outside the right-of-way-, however, the mailbox is on private property and is beyond the municipality's jurisdiction. No municipality should tolerate the presence of "deadly fixed object" mailbox posts (such as concrete, granite or steel I-Beam posts) in the right-of-way since this could constitute a "highway defect". Municipality should request immediate removal of post by landowner (who also could be held liable for property damage or personal injury). However, if landowner does not cooperate, it is better to obtain a court order for removal instead of municipality exercising "self-help" and removing post itself.
