Temporary Construction Easement-diminished property valu

[LS Feldspar]

i have a very small Craftsman bungalow that faces a public street. A non-profit trail org wants to put a nine foot bike path in front of my house. My front lawn is only twelve feet from the public four foot sidewalk. My lawn has a concrete retaining wall abutting the side walk. The distance between the street and the retaining wall is 11 1/2 foot. Unfortunately the public easement is 2 foot into and behind the retaining wall.

I will not donate the property for a temporary construction easement until appropriate negotiation takes place. Undoubtably the trail organization will replace the retaining wall and the steps leading to my house. My problem is my driveway is perpendicular to the sidewalk and all caution must be taken backing out of the narrow driveway. I am of the opinion that with the construction of the 9 foot heavily used bike and pedestrian trail will lead to significantly increased foot and bike traffic in front of my house and increased danger backing out of my driveway and the loss of 2 foot for the public easement will value the house and property. Do I have any recourse in negotiating for fair compensation for loss and or diminished value of said property and house.

 

[CGinMN]

Yes, you are entitled to compensation for the damages due to the taking. Ask the condemnor if they have obtained an appraisal to determine the damages. Then ask if they will reimburse you for an appraisal of your own (in some states reimbursement is a statutory requirement) and if so how much. From there you can decide if you want to get attorneys and appraisers involved or negotiate on your own. You're going to end up paying more for this type of appraisal because it is a specialized line of work. Talk to your neighbors and see what they're doing.

A temporary easement is usually not going to result in much damage. However, you want to know if there will be severance damages to the remainder of your home which result in diminished property value.

 

[JTip]

Unfortunately the public easement is 2 foot into and behind the retaining wall.

You say 'public easement', is it EXISTING or PROPOSED? You need to figure out where your property line is. It's funny, many people think their land goes to the edge of the road pavement or to the curb. How much of your property frontage will be taken for easement and TCE?

Your limited details will not get you an answer. Need to see some GIS mapping, proposed easement/TCE areas (delete any personal or identifying information).

 

[sputnam]

If they have emminent domain you can't stop them. Danged if I would donate any of it though. I would insist on being paid for the taking. And I'd include the cost of an appraisal by someone familiar with such situations in the total.

 

[Zephyr999]

If they have emminent domain you can't stop them. Danged if I would donate any of it though. I would insist on being paid for the taking. And I'd include the cost of an appraisal by someone familiar with such situations in the total.

State statutes may set a limit on amount they will reimburse for an appraisal. MN lists theirs at $1,500 resi and $5,000 commercial...but they only reimburse if the appraisal is approved for use.

 

[Mark K]

You don't need to 'donate' any part of your property; you are entitled to just compensation for any portion of it acquired by eminent domain under the threat of condemnation . This includes temporary or permanent easements. You should be compensated for any land, land improvements, and/or damages to the residue caused as a result of the project.

As far as compensation for the increased traffic on the trail/sidewalk, doubtful you'll receive any compensation. In this state, the courts have held that increased traffic on a road or trail/sidewalk in this case, is not compensable. It falls into 'that's progress' category.

Keep in mind that court condemnation is expensive for the condemning authority so even though they may huff and puff and threaten, they usually negotiate and settle for a reasonable amount. Condemnation cases can cost the Town or whoever $10-$20,000 or more since the court usually appoints appraisers. I love doing that work. We charge the same hourly rate as the lawyers so an easy one-day job can put $2k+ in their pockets and this is paid by the condemning party.

OTOH, having a trail in front of your house is considered a good thing by most buyers and studies have shown an increase in value for homes along trails. This increase in value (benefits) can be used by the appraiser(s) to offset any perceived/potential damages to the residue. Meaning, you'll get paid for whatever they are taking but not for any residual damages. The benefits can offset the damages.

 

[Tom D]

Sell before it starts. Is it gonna be like bad neighbors just moved in next door, too late to move.

 

[sputnam]

State statutes may set a limit on amount they will reimburse for an appraisal. MN lists theirs at $1,500 resi and $5,000 commercial...but they only reimburse if the appraisal is approved for use.

Oh... I wouldn't ask for reimbursement. I'd hold out for a price that covered both the value of the property and the cost of the appraisal. Most of the time, they don't want to get into a protracted negotiation or court battle... so, they will pay.

 

[LS Feldspar]

You say 'public easement', is it EXISTING or PROPOSED? You need to figure out where your property line is. It's funny, many people think their land goes to the edge of the road pavement or to the curb. How much of your property frontage will be taken for easement and TCE?

Your limited details will not get you an answer. Need to see some GIS mapping, proposed easement/TCE areas (delete any personal or identifying information).

2 foot will be taken on the public easement….past owner erroneously installed a concrete retaining wall 2 foot into the public easement. I understand and accept that. The proposed TCE would cover 567 square foot-which would encompass the entirety of my front lawn…to the house. The NG/trail org stated they will replace the retaining wall…to the legal property line.

Since this will cause an increased loss of privacy due to the 9 foot wide paved bike/walk and increase dramatically the possibility of serious injury to trail users and greatly increased liability to me when entering and especially backing out of my driveway which is parallel to the house…this is the basis of my question concerning diminished valuation of my house. I have attached the survey created by the trail org.

 

[CGinMN]

Your survey did not post. What you describe is a very minor temporary easement, with likely very little if any diminution in value to the property.