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Can a municipality give permission or write legislation to

allow people to park on...
Can a municipality give permission or write legislation to allow people to park on private property with no consequences for a set amount of time if they are not patronizing the stores who own it or visiting the home of whom owns it
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Answered in 2 minutes by:
10/19/2017
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,057
Experience: Began practicing law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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No, there is really no way for a municipality to make an ordinance that is enforceable and which allows just anyone to park on private property without some kind of compensation and/or agreement from the property owner.

To do so would be an unconstitutional "taking" of property. The only exception would be if the city had some how provided compensation. For instance, in a nearby town the government had given all the property owners an easement to use an alley and in exchange had asked that they allow an easement for people to park on what had been their private property for festivals, etc.

But cities can't just take the right to park on private property without giving something in return.

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Customer reply replied 1 month ago
What law protects private property owners Can I get the Law please?

It is the 5th Amendment of the Constitution.

There is an article about it at http://realestate.findlaw.com/land-use-laws/the-taking-of-property-for-public-use.html

Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,057
Experience: Began practicing law in 1992
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