U.S. CitiesCity-Data Forum Index
Covid-19 Information Page
Go Back   City-Data Forum > U.S. Forums > Texas > Dallas
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
 
Old 12-20-2011, 08:14 AM
 
1 posts, read 1,024 times
Reputation: 10

Advertisements

How much space can the city take to rebuild bridge on your corner lot
Rate this post positively Quick reply to this message

 
Old 12-20-2011, 08:26 AM
 
12,449 posts, read 24,109,246 times
Reputation: 11639
Quote:
Originally Posted by troychavis View Post
How much space can the city take to rebuild bridge on your corner lot
Moderator cut: orphaned

The city (govt) can basically take as much as they want. It's called "eminent domain"- government seizing private land for public use. Gov Perry actually signed a bill this year making it harder for govt to sieze private property- I'd, owner must be appropriately compensated for the land. See below.

bizjournals mobile: Austin: House passes eminent domain bill

But first, are you 100% sure the land the city wants is "yours"? A lot of times owners are unaware that the city owns the land between your sidewalk and the street or behind your fence in the alley.

Last edited by BstYet2Be; 12-20-2011 at 08:34 AM.. Reason: In the future, please use the Report feature instead of posting this type msg in your posts.
Rate this post positively Quick reply to this message
 
Old 12-20-2011, 09:06 AM
 
2,356 posts, read 4,328,074 times
Reputation: 1599
Start with checking your zoning bylaws..I thought Cities and towns typically owned a certain amount of frontage inward from the street itself. Like 8-10 feet or so. Eminent domain is another tactic altogether, never seen it exercised. In any case, if they do take land, whether Gov. Perry put it into law or not, it's widely held by courts that the person be justly compensated.

Still alot of problems with this, since there are a variety of economic losses working against you with eminent domain. If it's private property, you have to consider desirability, which is not part of any calc they use to compensate you for the land. Also, you most likely can NOT recover attorney fees, or any other fees associated with the transaction (appraiser or engineer). So you may not be able to truly recover the full value of the land being taken.

You want to make both those things part of your argument if it's an eminent domain case- recovering any costs to you, and the diminution of any land that is left as incidental economic losses.
Rate this post positively Quick reply to this message
 
Old 12-20-2011, 09:28 AM
 
3,029 posts, read 7,696,411 times
Reputation: 3231
Generally as much as they want, however part of just compensation is damages to the remainder after the acquisition. The new Texas laws aren't a huge change in existing eminent domain laws; there's always been a provision that the property owner be paid what is just in right. But the appraiser's opinion and the property owner's opinion are seldom the same. Your question is too broad and vague for me to be much help beyond that. Specifics would help.
Rate this post positively Quick reply to this message
 
Old 12-20-2011, 09:46 AM
 
Location: Prosper
6,257 posts, read 14,291,609 times
Reputation: 9430
Get a survey done and see just how much of your yard is actually yours, you might be surprised. They'll stake out the boundaries of your lot and if the bridge is encroaching upon it, you should be compensated.
Rate this post positively Quick reply to this message
 
Old 12-20-2011, 11:32 AM
 
16,092 posts, read 37,958,213 times
Reputation: 6299
Yes you need a survey if you are serious about protesting this. A bit of advice from someone who had to suffer with a capricious and corrupt county official at Lake Texoma - it might be better to go to news organizations if you can't get any satisfaction rather than get into expensive legal entanglements. The city has taxpayer-funded attorneys who are in no particular hurry and can either try to bankrupt you or wait until you move or somebody dies.
Rate this post positively Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


 
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Settings
X
Data:
Loading data...
Based on 2000-2020 data
Loading data...

123
Hide US histogram

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > Texas > Dallas
Similar Threads
View detailed profiles of:

All times are GMT -6.

© 2005-2021, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top