Town is vacating a paper street and selling it to me, can they in the future claim eminent domain to take it back?

[ghurty]

What is the name of your state? New Jersey

I am looking into purchasing a property. Behind it, there is a paper street. The township said they are willing to vacate the paper street so I can purchase it and attach it to my property. Is there anything stopping the township in a few years from claiming eminent domain and taking it back for a street? If not, does it make a difference if the property behind this property is a County owned property? Can I insist on them taking property from the county before taking it from me (even if it moves shifting the street over by 20 ft)?

Thank you

 

[LdiJ]

What is the name of your state? New Jersey

I am looking into purchasing a property. Behind it, there is a paper street. The township said they are willing to vacate the paper street so I can purchase it and attach it to my property. Is there anything stopping the township in a few years from claiming eminent domain and taking it back for a street? If not, does it make a difference if the property behind this property is a County owned property? Can I insist on them taking property from the county before taking it from me (even if it moves shifting the street over by 20 ft)?

Thank you

The fact that they are willing to give up the street now, tends to indicate that they see no future need for it. Therefore the odds of them trying to take it by eminent domain would be extremely slim. Technically they probably could, but the fact that it was once a street on paper would not be a factor if they did.

 

[xylene]

Yes, they could eminent domain your property.

 

[ghurty]

Thank you for the replies.
To give a little bit of background. I am currently suing the township due to approval that they gave next to my house that they should not have. In order for me to drop the suit, they found me a different property in my neighboorhood for me to purchase. The issue is that the property is too small. So that's why they told me they will be willing to vacate the paper street behind it.

So based on that, is there a way that being we are doing this to have the lawsuit dropped, that the town can basically waive its rights for an eminent domain claim on that vacated street? The reason why I am more nervous being that it was once a paper street, is because they originally felt a need for a street there. So far over the years, they have not developed it, but everyone believes that at one point of time the township is still planning on developing it. So I am nervous that this is a ploy to put it simply, that they are offering it to me. And then in a few years would take it back with eminent domain.

Thank you

 

[xylene]

These are matters your current lawyer need to advise you on.

Perhaps you need to consider moving elsewhere.

 

[justalayman]

If they take it, they have to purchase it from you.

I’m not sure what you mean by the lot is too small but depending on what you mean, you might have an argument the taking of the street would create an unlawful situation.