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Sidewalk sitting on my property

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H

Huey

Guest
The street in front of my business is being redone, in conjunction with the street the state is also putting in a sidewalk which runs parallel to my property line with about two feet of space between. However as the sidewalk approches the corner it widens considerably and this wider area obviously sits on my propery. It appears that it comes about four feet on to my propery. Can the state do this? Shouldn't they have to buy that small piece from me?
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Huey:
The street in front of my business is being redone, in conjunction with the street the state is also putting in a sidewalk which runs parallel to my property line with about two feet of space between. However as the sidewalk approches the corner it widens considerably and this wider area obviously sits on my propery. It appears that it comes about four feet on to my propery. Can the state do this? Shouldn't they have to buy that small piece from me?<HR></BLOCKQUOTE>

The state can not legally do this. If the government wants ownership of private property, it must purchase it from the owner via an outright purchase or through condemnation action. Something does not seem right. Check your property survey and compare it to the road survey as there must be some inconsistancies. Maybe your survey was wrong or the States' is wrong. Maybe both are correct and the State just made an error in construction. Notify the state in writing right away and request a meeting at your property with their engineer to look at their sidewalk plans and compare the as-built condition to the plans.
 

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