Does city have easement rights?
There is an Apartment Developer that is wanting to purchase property north of my property. There are several land owners between that proposed development and the highway. I am the last one on the road before the highway. One of the conditions that they may build if the road is widened to 24 feet. My neighbor went to city hall and had our deed pulled. It is a map from 1917 that shows no right of ways or easements. Does the city have an automatic right of way to widen the road and if so how much can they have? Wouldn’t any right of ways or easements be on record at the deeds office?
November 12th, 2009 at 11:49 pm
An easement should have been on file and should have been shown on your plat of survey when you purchased your home.
However, the municipalities do have the right of eminent domain, a right of a government to take private property for public use by virtue of the superior dominion of the sovereign power over all lands within its jurisdiction. SO if they feel the road is necessary to better the community then they have that right. This eminent domain law varies from state to state. In most states if the county is taking part of your property, they usually compensate you for it. So check your plat carefully, call the attorney that closed on the property with you and then find out who is taking care of you! Eminent Domain can be a good thing but a lot of times it seems unfair. Example.. The airport here decided to expand so the city seized the houses under eminent domain, gave the people fair market value for their homes and said bye bye..you have 6 months to move.
I’m wondering if you went to the original rezoning meeting on this new construction. The city or village does give the neighborhood redsidents a vote in these types of things. And by what I’m hearing, the neighborhood didn’t get involved and the vote was in favor of this new construction.
Might be time to sell before the road gets in!
Good luck
Vicki Watzlawick
Broker Owner
Exit Platinum Realty
November 12th, 2009 at 11:49 pm
Not automatic. Yes, they have a right to create one.
Easements, especially Public, flow (are permantly attached) with a property. If the city does not already have an easement for their proposed usage, then they may create one by eminent domain since the use would be for Public good. They would have to reimburse the property owner with a fair market value of the portion they claim.
Best advice is to seek legal counsel.
Bob, Illinois Realtor
November 12th, 2009 at 11:49 pm
Typically the area between the side walk to the road is in the domain of the local government and they can widen the road without your permission up to that point. If there is no side walk they might have legal rights to a certain distance from the road. If they do not currently have the right to the land they can use emanate domain to take what they need to improve the road.