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Question I own property that the LA County is claiming the…

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Question I own...

Question I own property that the LA County is claiming the have a right to use a portion of it , a private road to which they have no easement legally recorded. They continually trespass and have notified me the intend to survey the road portion of my property. I would like to clear the matter up in front of a judge so I've been told I should file a quit tile on the property . Ive also been told I should file an injunction against the County trespass . Because the County has notified me the intend to trespass to survey should I first file for a temporary restraining order

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California , Los Angeles County

Lawyer's Assistant: Has any paperwork been filed?

Not yet

Submitted: 5 months ago.Category: Real Estate Law
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Answered in 6 minutes by:
11/20/2017
Real Estate Lawyer: socrateaser, Lawyer replied 5 months ago
socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,769
Experience: Attorney and Real Estate broker -- Retired
Verified

Hello,

A quiet title action will fail against a government agency, because the government has the right to take property from a private person for any public purpose. Similarly, a request for an injunction will fail for the same reason.

The correct action is an "inverse condemnation" proceeding, in which you demand compensation for the taking of your property rights without just compensation.

This is an extremely complicated legal proceeding, and you will need to hire a lawyer. Frequently, once a lawyer who handles these types of cases contacts the government, the agency will start negotiating in earnest concerning the right to use the property -- and, probably pay for the property seizure, or voluntarily consent to purchase easement rights from you.

Would you like the phone number of a reputable lawyer referral service? Please let me know.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Customer reply replied 5 months ago
I thought the County has to show that the taken of private property for public use is needed just cause . The road in question was offered to the county back in 1975 when a large land trust was divided up. The County did not legally record and accept the road easement as required by state law. The road is not legally to the County own codes to be safely used by the public and can not be brought up to those County standards because it is next to a protected creek .
Real Estate Lawyer: socrateaser, Lawyer replied 5 months ago

The only exception to the county's (or any government's) authority to take private property is proof that the property is being taken for a private purpose! Example: If the county wants the road to give it to a developer as a means to create a new tract of private residences, then the county must have a "comprehensive plan" for the development of the subject area, or the taking may be deemed private by the court and the county could be subject to a civil rights violation, under 42 U.S.C. 1983 (violation of civil rights under color of law).

Proving a civil rights violation is extraordinarily difficult (I've tried, and the courts are extremely reluctant to find a private taking).

In my opinion, you have an inverse condemnation action. Though, as previously mentioned these cases are very complicated, and there may be case law that provides some other source of relief for you.

If what you are saying is that your title to the property is in question, then that would require a quiet title action, and an inverse condemnation proceeding -- because, you can't claim that your land is being taken unless you first prove that you have title to the land.

Regardless, there is no way, in my opinion, that any layperson could possibly prevail in this type of legal action. You will absolutely need legal representation, and that lawyer can fill you in on the details of your cause(s) of action.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Real Estate Lawyer: socrateaser, Lawyer replied 5 months ago

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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