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Old 04-05-2016, 09:10 AM
 
2 posts, read 1,706 times
Reputation: 10

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Hello everyone,
My parents have owned a piece of property broken in to two sections for 30+ years. They are getting older (Mom past away last July) and wanted to have some changes made and leave said property to family members. They had a surveyor come out and resurvey the land and change the property lines a little to make things more feasible for those involved. The surveyor came out and did his job and when carried to the city office to be changed was told he had to resurvey and that the city would take 35ft of property off of the road frontage for future expansion, which they did. (Not that any is planned)


My Dad talked to the lawyer who was doing the wills and deed changes and he stated this was all legal. I just can't seem to agree that this is ALL legal for the city to TAKE 35 ft of road frontage because they want to do so. Please advise if anyone has heard of this. Considering getting a class action started or contacting a federal lawyer.


Thanks,
Scott
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Old 04-05-2016, 03:16 PM
 
1,038 posts, read 1,336,985 times
Reputation: 804
It's up and up. Public right of way for roads and utilities is as common as grass.


However if your family's intent was to divide one of those plots of land, you may have triggered their right to additional ROW based on additional frontage lines that the division created. Any action sounds redundant, but if you have the time, it might be educating to spend a few years on this.
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Old 04-06-2016, 10:46 AM
 
23,597 posts, read 70,402,242 times
Reputation: 49247
Right of way easements are perfectly normal. If they didn't exist, we wouldn't have decent roads or utilities, and all the streets would look like the old country lanes in England where drivers essentially drive in a tiny ditch bounded by stone walls or hedges. Get over it.
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Old 04-06-2016, 10:47 AM
 
2 posts, read 1,706 times
Reputation: 10
Thanks for the reply. I have read everything from 15, 30 and even 40 foot from center for right-a-ways, will do a little more research. Thanks again for the reply.
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