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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118085
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Alex, yes, we have a road to our property but our access is

Customer Question

Alex, yes, we have a road to our property but our access is being denied by the County, as they have made our "exit" road obsolete and our "new" one road situation (too & from) our property is being limited to a "half-hour" rule. The first half of the hour you can "go" to the property and you can only "leave" the property during the second half of the hour.
I am looking for a specific cite stating that I cannot be denied access to my property.
Please advise.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Alex Esquire replied 1 year ago.

Unfortunately, it appears that you are looking for legal advice and legal service that can only be provided to you by your local real estate attorney upon review of your entire situation and also upon some substantial legal research.

I will opt-out of your question at no charge to you and wish you the best of luck!

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR as Alex has had to leave.
So you have no other means to access your property other than that one road only for 1/2 hour a day?
Please explain exactly what is going on and what state this is in?
Customer: replied 1 year ago.
We are in Michigan. VanBuren County has a sign in place stating that the 1st 1/2 hour of an hour we can "go" one way to our property. The 2nd 1/2 hour of an hour we can "leave" one way from our property. We are unable to come and go to our property at will.We are simply looking for aspecific MCL or legal citing that states we cannot be denied access to our property at any time.Kind regards,Nelson and Liz
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

You still need to tell us if there are other ways to access the property and more specifics about the situation itself, like who owns the road, the county or state and if it is a public road or a local county access road etc.

Customer: replied 1 year ago.
It's a public road and South Haven Township is the regulating "owner" of the road.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

If it is a public road, there is no ordinance or MCL or even case laws in MI saying the township cannot restrict or make rules for their roads. So the issue here becomes whether or not you have some other way to access the property, which is something you never answered me. If you have no other means to access your property besides this road and this restriction is preventing you from using your property THEN under the 4th Amendment of the US Constitution this restriction would arguably be a taking of your property without a warrant or court order, since they are taking away your use of your property by such a narrow restriction and no other means to access the property on your part. So your claim would likely have to go to the US District Court arguing that while as the township they do have rights to place restrictions on roadways, this restriction unreasonably denies you use of your property and amounts to a taking thereof without warrant contrary to the 4th Amendment.