Public Easement Located In Driveway Easements

[Civil Engineer]

My question concerns the public access to the beach issue and I'd appreciate any help you can provide. Some Property Owners closed down and historic walkway to the beach about 15 years ago. I'm interested in trying to get it reopened however technically it's a private road at that point. Location of The required Pedestrian access is coincident with driveway easements for adjacent parcels.

My question is how does this affect the assessment if the county uses eminent domain to take the easement? These parcels are all SFR and feature expensive homes. But they can never build or use this area as it must remain clear as the sole driveway to a total of 5 parcels.

It seems to me that another easement does not change the property values much. But expert opinion are what I seek. Thank you in advance.

 

[Restrain]

Here is a case study. Manasota Key, Stasota County, FL is a barrier island. The area is zoned SFR, and it is common and typical for the properties along the Intercoastal side to have a 5' easement along one side of the lot across from the ICW side to the Gulf beaches. Some property owners don't have a specific location, just allow the easement across the property so long as they don't bother the property owner. Others have fenced off a 5' ROW.

No particular measurable impact as this is common and typical.

 

[jay trotta]

My question concerns the public access to the beach issue and I'd appreciate any help you can provide. Some Property Owners closed down and historic walkway to the beach about 15 years ago. I'm interested in trying to get it reopened however technically it's a private road at that point. Location of The required Pedestrian access is coincident with driveway easements for adjacent parcels.

My question is how does this affect the assessment if the county uses eminent domain to take the easement? These parcels are all SFR and feature expensive homes. But they can never build or use this area as it must remain clear as the sole driveway to a total of 5 parcels.

It seems to me that another easement does not change the property values much. But expert opinion are what I seek. Thank you in advance.

If it now a Private road, the municipality may not be able to do anything, it may run into a problem with Health & Safety concerns for those "Expensive Homes". I recall a while back one municipality in CA, auctioned off a Private Road for "back taxes" in an "Expensive Home" area. The winner at the auction only got lucky for a few months, it wound up in court and the "Expensive Property" Owners have their road back.

Good Luck with your attempt

 

[Civil Engineer]

If it now a Private road, the municipality may not be able to do anything, it may run into a problem with Health & Safety concerns for those "Expensive Homes". I recall a while back one municipality in CA, auctioned off a Private Road for "back taxes" in an "Expensive Home" area. The winner at the auction only got lucky for a few months, it wound up in court and the "Expensive Property" Owners have their road back.

Good Luck with your attempt

I am familiar with that case and I think it is a different situation. In that case it was the private purchaser who lost out to the public agency who took back the private road parcel under public ownership. Which is actually what I want them to do.

The government can take land or take an easement via eminent domain but they must provide fair compensation. In the case of an easement, this is typically determined by assessing the value with and without the easement and paying the difference. But if there is already an easement in the same location, does another easement substantially decrease the value of the property?

 

[Meandering]

I am familiar with that case and I think it is a different situation. In that case it was the private purchaser who lost out to the public agency who took back the private road parcel under public ownership. Which is actually what I want them to do.

The government can take land or take an easement via eminent domain but they must provide fair compensation. In the case of an easement, this is typically determined by assessing the value with and without the easement and paying the difference. But if there is already an easement in the same location, does another easement substantially decrease the value of the property?

Depends on the additional traffic, noise and lose of privacy created by the second easement, which did not exist with the first easement.

The first easement, is still private to the houses accessed by it.

The second easement would open to the public, which could be assumed, would generate more traffic along that easement, so,
who will maintain the road with additional traffic?
will the public park their cars there, blocking driveway access to the existing homes?
will buses loaded with "club members" drive up and down the easement "going to the beach" during their "outings"?
even though one easement exists, it does not mean an overlay easement will have no impact.

.

 

[Howard Klahr]

The government can take land or take an easement via eminent domain but they must provide fair compensation. In the case of an easement, this is typically determined by assessing the value with and without the easement and paying the difference. But if there is already an easement in the same location, does another easement substantially decrease the value of the property?

That all depends on what property you are referencing now doesn't it? You are looking at the servient estate without regard to the dominant estate (the holder of the existing easement). In your scenario of overlaying one easement over another, what happens to the existing easement and their rights? Wouldn't there be compensation attributed to that property interest?

even though one easement exists, it does not mean an overlay easement will have no impact.

Also, as Marion has pointed out, not all easements are not necessarily equivalent in terms of the bundle of rights impacted and which sticks are transferred to the holder of an easement.

It seems to me that another easement does not change the property values much.

You are over simplifying the analysis and while a before and after analysis may be performed, that is only addressing the rights acquired from one party (the servient estate) and does not consider those of the existing easement holder at all nor does it address the potential impact, if any, due to possible differences in the easements in terms of what is actually being granted (damages to the remainder). More details are necessary in order to explore the situation that you propose.

 

[Civil Engineer]

That all depends on what property you are referencing now doesn't it? You are looking at the servient estate without regard to the dominant estate (the holder of the existing easement). In your scenario of overlaying one easement over another, what happens to the existing easement and their rights? Wouldn't there be compensation attributed to that property interest?


Also, as Marion has pointed out, not all easements are not necessarily equivalent in terms of the bundle of rights impacted and which sticks are transferred to the holder of an easement.


You are over simplifying the analysis and while a before and after analysis may be performed, that is only addressing the rights acquired from one party (the servient estate) and does not consider those of the existing easement holder at all nor does it address the potential impact, if any, due to possible differences in the easements in terms of what is actually being granted (damages to the remainder). More details are necessary in order to explore the situation that you propose.

Great information, thank you so much. I'm sure you are right that I am over simplifying, that is exactly why I wanted to seek out the opinions of those more expert than me in the field of appraisals. I must assume that if this is the path things go down there will be hostile attorneys and money to fight with. So anything which may be arguable will be thrown at us. If you can think of any line of attack I am happy to hear it!

 

[jay trotta]

Rich residents shocked their private street was sold because of a $14 HOA error
By Josh Magness

jmagness@mcclatchy.com

August 07, 2017 08:54 AM

Updated August 08, 2017 07:52 AM

Presidio Terrace is a block-long, oval street dotted with 35 megamillion-dollar mansions known for famous residents including Sen. Dianne Feinstein and House Democratic leader Nancy Pelosi.

It’s a street known for its exclusivity — a guard is always on duty at the stone-gate entrance, according to the San Francisco Chronicle.

But due to a low-profile auction, a South Bay couple now own the street after a payout of just $90,000.

And now residents might have to pay up just to park on the road, which had been managed by the homeowners since at least 1905.

Read more here: http://www.sacbee.com/news/state/article165829457.html#storylink=cpy

This happened about a year ago, it would appear you could gather some good information from all parties involved, although different from what your proposing, I believe the Owners won back the road in a Legal battle. Do you know who the Owners are of the easement in question ??

 

[Meandering]

Great information, thank you so much. I'm sure you are right that I am over simplifying, that is exactly why I wanted to seek out the opinions of those more expert than me in the field of appraisals. I must assume that if this is the path things go down there will be hostile attorneys and money to fight with. So anything which may be arguable will be thrown at us. If you can think of any line of attack I am happy to hear it!

Why?
Why doesn't your principal just condemn and take the property for eminent domain?
At least that will relieve the current owners for taxes, property liability insurance and maintenance costs of public space.

A public easement over existing private property could be seen to be underhanded.

Did you do the projected traffic studies? When the private easement becomes for public use, will the existing road meet public road requirements, including it's intersection with other public roads?

Will a public use require considerations for line of sight at the intersection, turning lanes, traffic lights, ADA compliant sidewalks to no where, bike lanes, reinforced macadam and concrete that meets DOT requirements? And if so, who will pay for those improvements?

it's one thing to lose private property in a tax sale, it is totally something different when the government mandates private property for public use.

.

 

[Webbed Feet]

<...snip...> Some Property Owners closed down and historic walkway to the beach about 15 years ago. <...snip...>

Interesting. How did they close a "historic" public access that was either recorded or created "historically?"