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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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The city we reside in doesn't seem to be forthcoming with

Customer Question

The city we reside in doesn't seem to be forthcoming with information to assist my husband and I, along with a neighboring property owner to develop our land. We are within city limits, and parts of each of our lots is in flood plain. We want a final to-do list of what is needed to get the project moving.
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
We reside in the state of Indiana.
Customer: replied 1 year ago.
The City will not allow us to "tap" into existing water sources but instead is requiring us to extend a water main, add fire protection and run lines to our lots.
Customer: replied 1 year ago.
Our biggest concern is where can we find answers to what they are telling us is required? We've read IN code, etc. but it's been difficult to navigate. We are simply asking for transparency and for an exact list of what is required of us to get our home built. We are not concerned about what our neighbor plans to do with his 4 parcels and are collaborating with them only for the expense and easements for utilities they are willing to give us.
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer, unfortunately, reviewing your municipality's building codes is not an easy task - and your city building inspector is not going to provide you with a "punch list" of things you need to do (although, in my opinion they really should, this is something they should do as part of the fee you pay for your building permit, but my opinion doesn't help you much).

Usually the best person to help you is a licensed contractor with experience developing land with similar projects (if you are doing a commercial development, get a commercial contractor, if you are doing residential development, get a residential contractor with experience in subdivision development). Ask for references or recent work/project history that they have done in your area, working with your local government.

If you are still running into problems (your contractor is having problems getting cooperation from the department), then you may need to hire a lawyer. A property law attorney or a civil litigation attorney can help you with an administrative appeal regarding arbitrary or unfair denial of your building permit applications so that you can get your permit pushed through.

Customer: replied 1 year ago.
Thank you for your reply. We are currently working with a local contractor who has been in business in our area for 30+ years and he is also surprised by the difficulty we keep running into.Is a permit always required to do a water main extension?
Expert:  CalAttorney2 replied 1 year ago.

Yes a permit is generally required for this type of work. Cities do not always require a separate permit from the primary project, but the work is going to require a permit.

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