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City posts "No Parking" straddling my property line

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aircoold

Junior Member
What is the name of your state? CA

Recently the department of transportation in my city posted my side of the street no parking at all times. The issue here is my lot has four feet of flat, concrete pad abutting the street as determined by a professional survey a number of years ago. This is in an older hillside neighborhood without curbs or sidewalks between the street and the pad. I have used this area for parking for the last twelve years. Should the city be required to buy back the land since it has now become part of the public right-of-way and I can no longer effectively use it? My neighbors have commented that this has negatively affected our property values.
 


seniorjudge

Senior Member
aircoold said:
What is the name of your state? CA

Recently the department of transportation in my city posted my side of the street no parking at all times. The issue here is my lot has four feet of flat, concrete pad abutting the street as determined by a professional survey a number of years ago. This is in an older hillside neighborhood without curbs or sidewalks between the street and the pad. I have used this area for parking for the last twelve years. Should the city be required to buy back the land since it has now become part of the public right-of-way and I can no longer effectively use it? My neighbors have commented that this has negatively affected our property values.

Doesn't the no parking sign just refer to the street?
 

aircoold

Junior Member
That is not what I was told by the city officials. Also my car, unfortunately as are most, is wider than four feet.
 

pojo2

Senior Member
So are you saying part of your car IS parked on the street and therefore in violation of the parking ban?

Why the sudden ban?

How has it decreased the property values, many would think it to enhance the looks of the community to not have vehicles parked on the stree.
 

aircoold

Junior Member
Yes. When parked, any car in front of any house in this case will have the two outside wheels resting in the street. It is actually ironic that the sign itself is stuck into my property but I don't think I can do anything about that.

The new ban is due to a scheme cooked up between the transportation and fire departments -- all streets measuring under 22 feet in width thru satellite imaging have been slated for no parking one side in all hillside areas. They have cleverly ignored all private encroachments into street setbacks that typically occur in older neighborhoods.

Property values are affected because there is very little off-street parking, another result of the hills and housing construction techniques. Most houses have single car garages without driveways. Since the ban, there is insufficient parking for the sum of residents on both sides of the street.
 

lwpat

Senior Member
all private encroachments into street setbacks
Many people think that just because they have planted trees, etc. along the right of way it now belongs to them. I our area it is common to show property lines to the center of the street. I have had numerous people tell me they own to the middle of the street and can exclude anyone from coming on "their" property. Any encroachment on a public right of way is at your peril. If you don't like what the city has done, vote in new a new council that will change the rule.
 

aircoold

Junior Member
I am not claiming to own any part of the street that does not belong to me. I am asking if there is a legal precedent, such as eminent domain or something, that requires the city to buy back the land since it has now become part of the public right-of-way and I can no longer effectively use it.
 

lwpat

Senior Member
They cannot take additional right of way without either buying or condemning.
You have said they did not take anything so which is it? What is the width of the right of way and the width of the pavement? They are not necessarily the same.
 

Zigner

Senior Member, Non-Attorney
aircoold said:
I am not claiming to own any part of the street that does not belong to me. I am asking if there is a legal precedent, such as eminent domain or something, that requires the city to buy back the land since it has now become part of the public right-of-way and I can no longer effectively use it.
You CAN use it - just not to park a car.
 

aircoold

Junior Member
Thanks all for the replies. I think I get it now. I realize this could be better explained with a picture.

Please advise on my interpretation of the concensus:

1. The "no parking" sign relates to the 22 foot wide street and not my 4 feet of concrete pad. So, if I go buy a car like the BMW Mini, park it on my property and ignore the sign stuffed into the ground next to it, I can wait for traffic control personnel to write the citation and then fight it out in court.

2. I can immediately elect some new City Officials in a town of 3.7 million people with 15 Council Members and instantly reverse this heinous violation of my rights as a taxpayer.

3. I can move to Alaska where street / property lines are not as clearly defined by 100 year old city plat, parcel and sewer dedication maps.

Maybe the best option is to by a reciprocating saw... whether I cut down a sign OR bisect my car, neither option will be protected by my right to privacy.

I would rather get a couple of bucks from the city and remodel my garage, but the advice here does not point to any success. Y'all have been good sports!:D
 

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