right-of-way dedication

[T44]

I plan to enclosure my existing deck on the rear. Because it is within the 50' setback requirement by the township (in NJ), I am required to go through a variance process by the zoning department.

However, the public access road in the front is partially within my property. The township requires me to grant them right-of-way dedication as a condition to approve the variance application. The width of the right-of-way is 25', about 1/10 of my lot.

I made a request to waive the dedication requirement because the two cases are not relevant. But it was not accepted.

Is it legitimate that the township forces a right-of-way dedication?
Who is the legal owner of the dedicated land, me or the township?
Can I request an adjustment of property tax proportional to the dedication?

I hesitate to dedicate the land because 25' is too much. They claim this is reserved for future widening the road but they don't have any plan yet, which is not I want to see.

Thanks for any advice.

[HomeGuru]

Originally Posted by T44

I plan to enclosure my existing deck on the rear. Because it is within the 50' setback requirement by the township (in NJ), I am required to go through a variance process by the zoning department.

However, the public access road in the front is partially within my property. The township requires me to grant them right-of-way dedication as a condition to approve the variance application. The width of the right-of-way is 25', about 1/10 of my lot.

I made a request to waive the dedication requirement because the two cases are not relevant. But it was not accepted.

Is it legitimate that the township forces a right-of-way dedication?


**A: yes it may be.


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Who is the legal owner of the dedicated land, me or the township?


If it is a full deed dedication, then the township would be the owner.


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Can I request an adjustment of property tax proportional to the dedication?


**A: yes, you can request and should get an adjustment for future years if the dedication is completed.


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I hesitate to dedicate the land because 25' is too much. They claim this is reserved for future widening the road but they don't have any plan yet, which is not I want to see.

Thanks for any advice.

**A: if you do not do it now, you may end up forced to do it later.