Free Property Use To Expand A Bridge

[Zee09]

I just received a certified letter from the county engineering works.
They want to use a section of my 30 acre property for a work area for 1 year exactly for absolutely no compensation. They are giving me 5 days to notarize the papers and won't even flip a dime for the notary.

That area will be planted as well (crop area)
I really don't need anything and the bridge is in fine condition so it's not a plus for me.

I think they could if anything pay the property taxes for the year... seriously...

What say you?

 

[SC Maintenance]

I just received a certified letter from the county engineering works.
They want to use a section of my 30 acre property for a work area for 1 year exactly for absolutely no compensation. They are giving me 5 days to notarize the papers and won't even flip a dime for the notary.

That area will be planted as well (crop area)
I really don't need anything and the bridge is in fine condition so it's not a plus for me.

I think they could if anything pay the property taxes for the year... seriously...

What say you?

I am not a lawyer. I can site the appropriate portion of the 5th amendment of the United States constitution "nor shall private property be taken for public use, without just compensation."

So yes, they can take your land (if a judge agrees)

Whether they can rent it or have to purchase it I don't know.

They do owe you "just compensation" either way - per our founders.

 

[Hermann]

Good luck. Local municipalities lately are getting a worse reputation for dumping on their citizens, kinda puts them in the "used car salesman" category.

 

[Zee09]

Flip me $10 for the notary for ____ sake..

 

[ArrestMeRedZ]

Do a counter offer and ask for the amount of your annual taxes. Include a clause the property has to be returned to its original condition and spell out the penalty if it is not.
I had something similar where they used some of my property to put in a culvert. They started out wanting it free. I made them pay.

 

[KCJeep]

They will tear the snot out of it for sure.

 

[walterjay]

Good luck with this one Jim.

 

[Zee09]

They will tear the snot out of it for sure.

Yup I've seen that before. My beef isn't legalities etc. It's jump within 5 days.
I find it interesting there is nothing said in the contract if I don't allow them to use the property. I'm pretty sure what it would be though.
I do have a contact number and I will call them Monday morning.

 

[nate379]

I just received a certified letter from the county engineering works.
They want to use a section of my 30 acre property for a work area for 1 year exactly for absolutely no compensation. They are giving me 5 days to notarize the papers and won't even flip a dime for the notary.

That area will be planted as well (crop area)
I really don't need anything and the bridge is in fine condition so it's not a plus for me.

I think they could if anything pay the property taxes for the year... seriously...

What say you?

Not only no, but no with swear words.

This isn't a neighbor needing a favor, one hand washes the other thing. This is obese .Gov wanting both ends, the middle, and more and expecting it at a cost to you.

 

[walterjay]

I wonder what would happen if you were out of town for two weeks and that letter arrived and 5 days went with no response.

 

[benjamming]

How much of your property? 1 acre? Half?

 

[walterjay]

Tell them you would like some of the infrastructure pay out money they are getting.

 

[Zee09]

How much of your property? 1 acre? Half?

That property is really three fields separated by sections of woods.
They have one whole field marked in red as being possibly used. That field itself is 8 acres. Good question...
Right now they want access to that field which also goes to the RR tracks

 

[Zee09]

I wonder what would happen if you were out of town for two weeks and that letter arrived and 5 days went with no response.

This was an excellent point. After 5 days do they take it anyway or do they send another letter with an offer of compensation...
My lawyer is $500 an hour.. I ain't going there

 

[SC Maintenance]

They will tear the snot out of it for sure.

Yes, for this reason alone I would want some sort of lease, saying when they will leave, they will leave in full, and the land will be returned to its formerly pristine condition, even if your inclined to let them use it.

But before you agree to let them use it - do they ever cut you any slack on property tax? Of course not. So why should they get free use?

 

[SC Maintenance]

I wonder what would happen if you were out of town for two weeks and that letter arrived and 5 days went with no response.

Put up a no trespassing sign. If they cross it without an order from a judge saying they can, there trespassing.

5th amendment is the law of the land.

 

[SC Maintenance]

This was an excellent point. After 5 days do they take it anyway or do they send another letter with an offer of compensation...
My lawyer is $500 an hour.. I ain't going there

Again, I am not a lawyer. So why not send them a registered letter, saying that your not giving them free use, but you will rent it to them, and the lease needs to include a firm end of use date, and they agree to return the property in pristine condition. Let there lawyer write the lease. You can edit what you don't like and send it back.

Or, call your lawyer and ask. He might take the case knowing the city will pay his fees in the end? Its a civil case, so that is usual in many areas.

Nothing here should be construed as advice, since I am just a general idiot

 

[GMBoy]

I think my favorite suggestion in this thread was to send a counteroffer with a monetary amount (I would ask for more than the taxes), a time frame of usage and verbage that it must be returned to the same condition before use. Include also that no free use is granted.

 

[eljefino]

If this bugs you talk to a land lawyer. Even if someone on BITOG knows what they're talking about (they don't) it's probably not applicable in your jurisdiction.

If I were you I'd lease it to them for $1 for the first year then $500 for every day they go over the terms.

 

[SC Maintenance]

If this bugs you talk to a land lawyer. Even if someone on BITOG knows what they're talking about (they don't) it's probably not applicable in your jurisdiction.

If I were you I'd lease it to them for $1 for the first year then $500 for every day they go over the terms.

I agree - you need an attorney. Even if you don't care they use it - what happens if the contractor dumps waste, or oil, or whatever on your property then leaves. Its not the city doing the work themselves likely.

What if someone gets hurt on your property and sues you? Is the city going to indemnify you? Not unless you have it in writing.

Sucks, but you need to be protected.