by shawngee03 » Tue Dec 28, 2010 10:20 am
it appears the existing ROW was already there when you bought...it had to be dedicated for future paving expansion...which is what you already knew when you bought the home. so no big deal there
what appears to have happened is during design of the new street they realized they needed more land to fit all the utilities in....not uncommon. engineers are usually really lazy when it comes to design(i am one so i know), and just take the easy way out and say everything has to be pushed out regardless of what it costs the public. easier to tell the municipality to aquire more land than figure out a way to make it work w the ex ROW
so they came to you to tell you you were giving them more land. you do have a right to refute this and hire a lawyer. this lawyer could have pleaded your case and gotten you more money. the county i work for usually gives you more money as a plea bargin if you ask. but it seems like you already signed it and got paid. they shoudl have also paid for your tree replacement. i would ask them if its ok to replant the trees(usually this is allowed since its just an esmt for utilities, nothing above ground), and if they would pay for it if that was not already part of the deal
moral of the story and something i will always remember when buying a house...do not buy a home adjacent to a major thoroughfare or roadway with potential for expansion..as it will happen eventually and it will suck