Temporary Construction Easement-diminished property valu

[JTip]

2 foot will be taken on the public easement

So saying "on the" public easement would be existing, meaning they already own it. Even though the bike path is a mere thought, the existing easement allows them do install a bike path (assuming the easement definition allows bike paths or worded as public transportation, etc). Moreover, you may own the underlying fee, and the easement was taken long before you bought the property (the ownership stick/easement was removed/sold from your bundle of rights/sticks). That's why I asked to see the 'overview' showing your lot lines and proposed bike path. A picture tells a 1,000 words.

The proposed TCE would cover 567 square foot-which would encompass the entirety of my front lawn…to the house.

As for the temporary construction easement, one must think like an engineer and ask "Why do they need this, what is the purpose of this 567sf? Will it be for material/equipment storage? Access to the existing wall to remove it?" Most, if not all construction can be completed from one side, using existing right of way for construction purposes, so it would be worth asking "Why do you need my yard?"
The GOLDEN RULE of eminent domain is "Take ONLY WHAT YOU NEED and NOTHING MORE".

As for compensation, as CGinMN stated, there will be little damage to your property as all improvements on YOUR LEGALLY OWNED LAND will be replaced (grass, concrete sidewalk) or paid for (landscaping bushes, trees) or removed/replaced (mailbox/newspaper box). Temporary construction easement is basically a lease and will be extinguished when the project is complete. What happens OUTSIDE your LOT LINES is not compensable 99.9% of the time. If they decide to replace the grass curb or sidewalk with a bike path, it's their property/their easement to do so. Like if your neighbor puts in a pool and invites every kid in the neighborhood over to swim till midnight, enjoy the screaming as there is nothing you can do, it's his land to use and enjoy.

I'd still be curious to see the survey. Good luck nonetheless.

 

[Mark K]

The second post makes it clear that there is no fee acquisition and that they want only a TCE for working area while construction is ongoing.

Your argument of 'loss of privacy, increased traffic, liability, difficulty in accessing your property' is one heard by every R/W appraiser on many occasions. Most of us are pretty immune to it after a while. You will not receive compensation for these items if the work and the increased path size is NOT ON YOUR PROPERTY. You should be compensated for the TCE although it will be a small amount, equivalent to leasing a portion of your property for a short period.

If you truly believe that your property is adversely affected by the project that's not on your property, there is an action called 'inverse condemnation' and you can try to sue. Good luck. It is expensive and any lawyer that is familiar with it will want a LARGE retainer from you, up front, since the chance of winning is extremely slim.

 

[LS Feldspar]

So saying "on the" public easement would be existing, meaning they already own it. Even though the bike path is a mere thought, the existing easement allows them do install a bike path (assuming the easement definition allows bike paths or worded as public transportation, etc). Moreover, you may own the underlying fee, and the easement was taken long before you bought the property (the ownership stick/easement was removed/sold from your bundle of rights/sticks). That's why I asked to see the 'overview' showing your lot lines and proposed bike path. A picture tells a 1,000 words.



As for the temporary construction easement, one must think like an engineer and ask "Why do they need this, what is the purpose of this 567sf? Will it be for material/equipment storage? Access to the existing wall to remove it?" Most, if not all construction can be completed from one side, using existing right of way for construction purposes, so it would be worth asking "Why do you need my yard?"
The GOLDEN RULE of eminent domain is "Take ONLY WHAT YOU NEED and NOTHING MORE".

As for compensation, as CGinMN stated, there will be little damage to your property as all improvements on YOUR LEGALLY OWNED LAND will be replaced (grass, concrete sidewalk) or paid for (landscaping bushes, trees) or removed/replaced (mailbox/newspaper box). Temporary construction easement is basically a lease and will be extinguished when the project is complete. What happens OUTSIDE your LOT LINES is not compensable 99.9% of the time. If they decide to replace the grass curb or sidewalk with a bike path, it's their property/their easement to do so. Like if your neighbor puts in a pool and invites every kid in the neighborhood over to swim till midnight, enjoy the screaming as there is nothing you can do, it's his land to use and enjoy.

I'd still be curious to see the survey. Good luck nonetheless.

The second post makes it clear that there is no fee acquisition and that they want only a TCE for working area while construction is ongoing.

Your argument of 'loss of privacy, increased traffic, liability, difficulty in accessing your property' is one heard by every R/W appraiser on many occasions. Most of us are pretty immune to it after a while. You will not receive compensation for these items if the work and the increased path size is NOT ON YOUR PROPERTY. You should be compensated for the TCE although it will be a small amount, equivalent to leasing a portion of your property for a short period.

If you truly believe that your property is adversely affected by the project that's not on your property, there is an action called 'inverse condemnation' and you can try to sue. Good luck. It is expensive and any lawyer that is familiar with it will want a LARGE retainer from you, up front, since the chance of winning is extremely slim.

 

[LS Feldspar]

File attached above

 

[Mark K]

The survey confirms what you explained. "Your" retaining wall extends 2.1' into the existing r/w. I say "your" because its not your wall; its the town's/city's. Someone built a wall on the public r/w. If you build something on property you don't own, its not yours, it belongs to the land owner.

I've seen it many times. Owners build a fence, fancy brick mailbox, etc. into the existing r/w and then want compensated when the project removes it. Sorry, if you build it on the r/w, it becomes property of the r/w owner. Doesn't matter how long its been in existence, you can't claim 'adverse possession' against the state.

If they are agreeing to rebuild the wall I think you better consider it a break even. Nothing says they have to rebuild it if they don't want to; its their wall, they can do as they please.

 

[JTip]

Mark nailed it. It is nice, and not necessary, that they are replacing/relocating the retaining wall onto your ground. Very nice, very professional that they are offering to do that for you at NO COST.

I would add, anything to the LEFT of the 'Sussex Ave. Right-of-Way', including the existing concrete sidewalk, out to the face of curb and beyond, extending out to the street is FEE SIMPLE ownership of the land or right of way.

There is NO easement, its owned in fee by someone/something (city/state/etc) that is not you. From the document you provided, I do NOT see anything referencing proposed TCE on your property.

Thanks for sharing, it's like being in a class and participating but getting zero continuing education credit.