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right of way question

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right of way question

Postby markj11 » Thu Dec 23, 2010 10:12 am

I'm trying to find some information on right of ways. I've been looking on the internets but haven't found what I'm looking and was wondering if someone here would know a little something about my question.

3 years ago I bought some land to build a house. At that time I was told there was a right of way:

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Completed house 2 years ago:

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1 year ago county says it's redoing the road and takes/purchases part of my lot and now that construction has begun:

Image

Yesterday Entergy left a note on my door stating I need to sign an agreement to allow them a 16 foot right of way to relocate lines which would eliminate all trees on the road side. So is there always a right of way that just automatically moves if the road is moved?
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Re: right of way question

Postby StlSluggers » Thu Dec 23, 2010 10:45 am

markj11 wrote:So is there always a right of way that just automatically moves if the road is moved?

I've always wondered this myself.

Also, that really sucks that they're taking away all your trees. I lost all the roadside trees in my backyard this summer to the electric company, and it's not pretty. :-/
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Re: right of way question

Postby markj11 » Thu Dec 23, 2010 10:55 am

Yeah, the road noise is already 20 x louder and the sun is coming in our windows from spots it never did before. Our house is elevated a lot more than the road so a fence isn't really going to help much, and we have pool. What sucks is that we bought that lot for the trees, so we could have privacy, shade and peace and quiet.
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Re: right of way question

Postby bigken117 » Thu Dec 23, 2010 10:57 am

StlSluggers wrote:Also, that really sucks that they're taking away all your trees. I lost all the roadside trees in my backyard this summer to the electric company, and it's not pretty. :-/


hippie

I wish the electric company would take down the whole damn tree that's in the lines. They block my HD signal. They only cut the branches back. :-t


for the op, the city and utilities will do what they want when they want and your reward is higher taxes and higher utility rates. Homeownership rules.
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Re: right of way question

Postby Mookie4ever » Thu Dec 23, 2010 10:57 am

markj11 wrote:Yesterday Entergy left a note on my door stating I need to sign an agreement to allow them a 16 foot right of way to relocate lines which would eliminate all trees on the road side. So is there always a right of way that just automatically moves if the road is moved?


Ususally yes. The right of way or easement allowed to utilities usually starts from the border of your property. You can probably check the by-laws. It may require that you sign it or not be guaranteed service. If no such beast exists you may be able to refuse to sign or you may be able to negotiate something for yourself. Just curious whether the city or your lawyer told you about this when you sold?
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Re: right of way question

Postby markj11 » Thu Dec 23, 2010 11:09 am

Mookie4ever wrote:
markj11 wrote:Yesterday Entergy left a note on my door stating I need to sign an agreement to allow them a 16 foot right of way to relocate lines which would eliminate all trees on the road side. So is there always a right of way that just automatically moves if the road is moved?


Ususally yes. The right of way or easement allowed to utilities usually starts from the border of your property. You can probably check the by-laws. It may require that you sign it or not be guaranteed service. If no such beast exists you may be able to refuse to sign or you may be able to negotiate something for yourself. Just curious whether the city or your lawyer told you about this when you sold?


I only talked with city (I guess he was a realtor) when selling and a right of way was not mentioned. When I bought, the right of way was mentioned.
I ain't askin' nobody for nothin, If I can't get it on my own. - Charlie Daniels
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Re: right of way question

Postby urbanbreez » Thu Dec 23, 2010 1:24 pm

1 year ago county says it's redoing the road and takes/purchases


Did you feel they paid you a fair price at the time? It seems, from the image that you do still have plenty of trees. Did they compensate you adequately or pay you in proverbial peanuts? Just curious how much the county pays in this situation and how the homeowner fells - particularly in a down market. I know "Fair market value" is the rule when government decides to posses private property but how fair do you feel it was?
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Re: right of way question

Postby markj11 » Thu Dec 23, 2010 8:46 pm

urbanbreez wrote:
1 year ago county says it's redoing the road and takes/purchases


Did you feel they paid you a fair price at the time? It seems, from the image that you do still have plenty of trees. Did they compensate you adequately or pay you in proverbial peanuts? Just curious how much the county pays in this situation and how the homeowner fells - particularly in a down market. I know "Fair market value" is the rule when government decides to posses private property but how fair do you feel it was?


It was better than I thought it would be but it was less than what I would have to pay per square foot in the area.
I ain't askin' nobody for nothin, If I can't get it on my own. - Charlie Daniels
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Re: right of way question

Postby markj11 » Thu Dec 23, 2010 9:04 pm

markj11 wrote:
urbanbreez wrote:
1 year ago county says it's redoing the road and takes/purchases


Did you feel they paid you a fair price at the time? It seems, from the image that you do still have plenty of trees. Did they compensate you adequately or pay you in proverbial peanuts? Just curious how much the county pays in this situation and how the homeowner fells - particularly in a down market. I know "Fair market value" is the rule when government decides to posses private property but how fair do you feel it was?


It was better than I thought it would be but it was less than what I would have to pay per square foot in the area. The paint image I drew isn't very accurate, the lot is 2.5 acres and the trees are the type(60-75 feet) that only have branches at the top because they have been growing in the middle of other trees.
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Re: right of way question

Postby markj11 » Fri Dec 24, 2010 1:37 am

Also, would they ask for permission if there was a right of way? Seems like they would just go ahead.
I ain't askin' nobody for nothin, If I can't get it on my own. - Charlie Daniels
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