The STATE doesn't own the roads. The roads are an easement for the use of everyone equally . Even foreigners. Everyone has the right to private quiet enjoyment but that is it. Travelers can not endanger others so as to cause a nuisance per se.
The absolute right in the easement known as the highway is vested in the unorganized public. However the organized public aka the body politic acts in the unorganized public interest by their own prescription.
Okay. I'll follow this line of reasoning just for kicks and giggles. Let's say that no one individual owns the road exclusively. So what? That means now everyone shares a partial ownership in the road, or "easement". Again, so what? That would basically mean the road is part-owned by everyone, right? I'm not sure what portion or in what way each individual would make his "rightful claim" but then it would just be a matter of sorting things out I would think. If you can't sort it out, it would basically fall into the category of homesteadable unclaimed land. There isn't an owner, so why not you, or me, or that "other" guy over there, who might want to make a business out of toll road fees. No one should complain that the road was "staked and claimed". You didn't step up and make a claim to it, so why not the guy who's interested in doing something with it? Or in other words, no one owns it and we just use it as we deem fit until things change. Notwithstanding, this temporary state of "unownership" could not demand forceful intervention for maintenance purposes (or any other similar coercive purpose). That would imply a condition of ownership. You either own it and defend it against trespass, or it remains commonly utilized by all -no more owned than the stars in the sky could be appropriated.
Obviously, no one has a specific right to travel on another man's property without permission. This would be trespass. He may attempt to travel on un-homesteaded land, but that would be the only right he would have, and even then, it would only be temporary until someone wanted to own it. Then he couldn't arbitrarily traverse it, because he didn't acquire it first, and make it exclusive to himself or his assigns. Let's not get caught up in all of the vague verbiage (government, state, "unorganized public"). This merely clouds the issue. And here's why.
If the "unorganized public" wants to fix/improve/reroute the road they apparently jointly own, then they, and only they could expend their effort, money, assets, resources and other what-have-you to improve this "easement" of their own free will. They could not of a natural right, force, expropriate, tax, extort, coerce (I think you get my drift here) from others to achieve this end. If others travel on your road, then they must get permission to use it. If you improve the road, but still not claim it as your own, you shouldn't be upset if others travel on it. You improved it out of the charity of your heart I guess.
Is this a little more clear? We don't need lawyers and legislators making definitions as to what a "highway" or "road" or "easement" is, but we should merely examine who is the rightful owner of such things. I'm trying to keep things simple here. John Locke said, the appearance of property has the distinction of labor mixed with something in Nature. It had to appear to be changed from its natural state when man intervened. If that's the case, I want to see who owns the deed or title, and if there is none, I'll take it.
Last but not least, if the government doesn't own it, then why are they forcing me to pay for its construction, maintenance and improvement?