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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 26610
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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The city where i live is planning on modifications to the street

Customer Question

The city where i live is planning on modifications to the street and to add a sidewalk where there has never been one. i also have a sprinkler system installed that they will have to modify to install the sidewalk. i told them i have no need nor desire for a sidewalk and do not wish to maintain one. I have two trees in the front yard and the root systems will definitley be impacted by a sidewalk. I want this stopped but my verbal attempts have been ignored. They have advised that they will modify my legal side of the driveway for this sidewalk also. What can i do to stop them? I have lived here 13 years and bought this property as it was not covered in cement.
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.

The city has the right of eminent domain, which means that the city can take your private property without your permission IF the use of your property will be used for a public purpose. Thus, it is truly impossible to LEGALLY stop the city from installing the sidewalk.

The only thing you can do is demand that they pay you the fair value of your property. You have the right to have the property appraised and get that value. In eminent domain cases, you have the right to receive the difference in the value of the property before and after the area of property is taken. In other words, you're entitled to the lost value of your property due to the loss of land.

You have the right to demand to receive fair value for your property, but you can't stop the installation of the sidewalk.

Thanks for your question, and if you need anything further, please don't hesitate to ask.
Customer: replied 1 year ago.

I really do not believe they have the right to destroy the property which is legally outside of their easement. if this is the case then what property rights do I have?

Expert:  Roger replied 1 year ago.
Unfortunately, they do. That's what eminent domain is all about. This is a difficult concept to understand, but an individual's property rights are trumped by the government's right to use private property for the public good.

The reason for this law is to make sure cities, counties, states and the federal government can provide infrastructure to the citizens.

Here's a good article from the Texas AG you can read: https://www.oag.state.tx.us/AG_Publications/pdfs/eminent_domain_easy.pdf
Roger, Attorney
Category: Legal
Satisfied Customers: 26610
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Customer: replied 1 year ago.

why didn't you discuss my rights. should you have mentioned inverse condemnation?

Expert:  Roger replied 1 year ago.
I actually did address this. Above, I mentioned that you're entitled to the fair value of your property that the city wants to take for the walk - that's what inverse condemnation is; it's your right to be paid for the land taken.

So, I did address that right that you have.

Please let me know I'd you need anything further.

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