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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118676
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Can the state prevent me from putting a field access where I

Customer Question

Can the state prevent me from putting a field access where I want it ? Where they want it it is cost prohibitive.
JA: What state are you in? It matters because laws vary by location.
Customer: Ohio
JA: Has anything been filed or reported?
Customer: We filled for a permit ,but where they want it is cost prohibitive and goes thrugh a ten foot tall bank. The second location they approved,there is a telephone pole right in the middle. We want to shift it another fourty feet.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can they stop us from putting it where we feel it needs to be and makes the most sence? We own the land,pay the taxes, All the state has is a right of way and they say they can tell us what to do!
JA: Have you talked to a real estate attorney about this?
Customer: No
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 months 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.
Ultimately, zoning and planning has the final say, so the state can stop you from placing an access road exactly where you want it. You need to appeal their decision and submit a specific plan to them again together with cost estimates of putting the road where they want it and you need to argue the cost prohibition in following their requirements. If they deny you, then you are able to file an appeal to the whole board in writing and seek a hearing where you would have to get your engineer to testify in support of the location you are seeking to use for the road and explain the problems with the locations approved and ask the board to reconsider and grant you permission to place the road in the location you are seeking.
However, if the board refuses, you would be stuck with the locations they have approved, as the NY courts cannot vacate the board's appeal decision without it being in violation of some state law.
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