on 2 sides of my property their are roads one is a highway and the other is a one way.The city are putting drains and curbs in making the road bigger this means they are taking some of my land. Isnt it my constitutional right to be ask before they take and or install something on my land. After i asked them what they were doing they told me and then said i would be paid, but they are almost done and i still have not been paid. souldnt they have nogociated a price before they started working? last fall they paved the one way and added drains taking about 5 foot by 100 foot piece of land, that i never got paid for. I asked them about this and they told me they could do what they wanted. This doesnt seem right. I appriciate any help i can get on this.
2006-10-20 18:14:41 · 9 answers · asked by t j 1 in Politics & Government ➔ Law & Ethics
my deed shows no easments
2006-10-20 18:25:15 · update #1
They can take the land by eminent domain, but they have to pay. The right of eminent domain is discussed in the recent Supreme Court case, Kelo v. City of New London
This happened to my brother in law in Carlsbad, CA and he was paid right away by the city.
2006-10-21 01:02:26 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Deeds don't usually show easements and the easement may have been recorded prior to your ownership or on a parcel. Your first step would be to retain a surveyor to determine if an easement exists.
If there was an easement, you are probably out of luck. If the was no easement and they took the property anyway, then you have claim for what is called "inverse condemnation". You should see a local real estate attorney and also retain an expert real estate appraiser to determine the amount of your claim.
If you can't negotiate a settlement with the city, a lawsuit may be necessary.
2006-10-21 02:40:14 · answer #2 · answered by Carl 7 · 0⤊ 0⤋
Just call and ask about your money. They love to hold onto it as long as possible, but expect you to have sent it yesterday. Most likely, they condemned it, paid you the "average rate" for your neighborhood and will cut you a check. If they tore down fence, etc., they should replace it if wanted.
Generally, besides the aggravation of having your land grabbed by your own city, you usually get a decent payment, at least normal for the area. Also, it may raise land value in your neighborhood since they are upgrading the area.
So good luck!!
2006-10-21 02:04:52 · answer #3 · answered by AdamKadmon 7 · 0⤊ 0⤋
Typically the county or city owns the land within a right of way along the roads. this varies depending on what type of street it is. normally 25 feet from center on each side for 2 lane roads and up to 100 feet for highways. It is normally shown on you plat drawings.
2006-10-21 01:27:03 · answer #4 · answered by tk_tenn2 1 · 0⤊ 0⤋
If you own the land the short answer is yes. But they can take easments without compensation. But if they take they must pay a reasonable amount....if it is your land.
2006-10-21 01:21:29 · answer #5 · answered by strangedaze23 3 · 0⤊ 0⤋
They probably already own the land. You need to check your property description. Go to the county assessors office and pull it. If the land is yours then they certainly need to pay you for it. Get an attorney if need be.
2006-10-21 01:19:43 · answer #6 · answered by Mos 3 · 0⤊ 0⤋
Look at your deed, determine where your lines are and what easements exist.
2006-10-21 01:22:08 · answer #7 · answered by Gaspode 7 · 0⤊ 0⤋
No. You must submit or you may mysteriously disappear.
2006-10-21 01:22:54 · answer #8 · answered by Anonymous · 0⤊ 0⤋
WHERE DO YOU LIVE----RUSSIA OR SAN FRANSISCO?
2006-10-21 01:47:28 · answer #9 · answered by redinca 1 · 0⤊ 0⤋