Highway construction

[christopherA]

What is the name of your state?Texas
Construction of a new Toll road just began behind my home, when we purchased the home we were told that this road would be 100ft or more from my back yard fence. Well someone got a hold of the Construction plans and it looks like the new toll road will only be 3 to 5 feet from my fence, my question is isn't there a easement law which requires major highways to be a certain distance from public residence and when constructed that close are they not required to build a stone Sound Barrier to protect from traffic noise as well as accidents? My nieghbors and I are ready to take any action necessary to protect our rights. Thank You

 

[HomeGuru]

What is the name of your state?Texas
Construction of a new Toll road just began behind my home, when we purchased the home we were told that this road would be 100ft or more from my back yard fence. Well someone got a hold of the Construction plans and it looks like the new toll road will only be 3 to 5 feet from my fence, my question is isn't there a easement law which requires major highways to be a certain distance from public residence and when constructed that close are they not required to build a stone Sound Barrier to protect from traffic noise as well as accidents? My nieghbors and I are ready to take any action necessary to protect our rights. Thank You

**A: yes and it depends upon who the owner of the road is ie. township, city, county, state , federal etc. So keep investigating long and hard and be sure that the hardwork does not take its toll on you.

 

[seniorjudge]

Too late.

The highway folks have already been through a condemnation proceeding to get that land. The plans were public knowledge for months and there was a hearing or two on it. If no one contested it, then the affected landowners chose to go along with the plans.

 

[HomeGuru]

Too late.

The highway folks have already been through a condemnation proceeding to get that land. The plans were public knowledge for months and there was a hearing or two on it. If no one contested it, then the affected landowners chose to go along with the plans.

**A: read the post again. There was no taking involved and the issue is road location distance from the writer's back yard.

 

[seniorjudge]

**A: read the post again. There was no taking involved and the issue is road location distance from the writer's back yard.

My post stands. The writer was on notice...whether actual or constructive (no pun intended).

But let's go through the drill:

Q: when we purchased the home we were told that this road would be 100ft or more from my back yard fence.
A: Please quote from the written document that states this and give us the exact words.

Q: my question is isn't there a easement law which requires major highways to be a certain distance from public residence and when constructed that close are they not required to build a stone Sound Barrier to protect from traffic noise as well as accidents
A: There may be a statute but I suspect it is more likely a regulation within your highway department bureaucracy. Call them and ask them. It has nothing to do with easements since the highway department is building on land that it condemned and now owns.

 

[HomeGuru]

Your post stands? Where in the writer's post is there any reference to public lands and condemnation action with respect the the writer's subject property?
The subject matter is about highway set-back and noise abatement requirements adjacent to residential lots.

Too late.

The highway folks have already been through a condemnation proceeding to get that land. The plans were public knowledge for months and there was a hearing or two on it. If no one contested it, then the affected landowners chose to go along with the plans.

 

[seniorjudge]

Where in the writer's post is there any reference to public lands and condemnation action with respect the the writer's subject property?
The subject matter is about highway set-back and noise abatement requirements adjacent to residential lots.

Correct. And all of the highway departments plans up to this point have included consideration of those very points.

 

[HomeGuru]

Correct. And all of the highway departments plans up to this point have included consideration of those very points.

**A: how do you know? Have you actually seen the plans and spoken to the highway people?