Right of Way Value to Local Developer

[TNBAR]

My home is positioned on a two acre lot (which I also own) in the middle of a farm that was recently purchased by a developer here in Central Pa. My deeded right of way runs for 4 tenths of a mile right down the middle. The developer has talk to me about purchasing my property at the appraised value and has consequently told me that my right of way has no value. He told me that he only has to give me the same or better. I do not want a development around me and would consider selling to him at a much higher price than he has offered. Could someone tell me what kind of position I should take. Other developers have told me that my land and right of way could be worth as much as 3 times the value. Any thoughts for a frustrated land owner?

[seniorjudge]

...Could someone tell me what kind of position I should take....

Tell the developer he has two choices:

(1) Pay what you want

OR

(B) Bite rocks!

[TNBAR]

Is that legal advice or have you had the same thing happen to you. I would hope it is legal advice. Seems a bit too plain and simple?

[seniorjudge]

Is that legal advice or have you had the same thing happen to you. I would hope it is legal advice. Seems a bit too plain and simple?

It's too plain and simple to understand the concept that you don't have to sell anything if you don't want to?

Well...um...okay....

[TNBAR]

I suppose not....I just do not want this guy to build around me and attempt to move my right of way....thats all...my home is only $200k and I figure I should be able to get much more than that for the setting I have...I cant replace it for $200k.

[lwpat]

He cannot move a deeded right of way. He is blowing smoke.

[Mr. Knowitall]

I've seen developers play some pretty ugly games under this type of circumstance. Completely tearing up or obstructing the right-of-way as a "temporary" result of the construction process associated with its "temporary" relocation to the place of their choosing, then (oops) before you know it they have developed over the deeded location and, if taken to court, argue that the new right-of-way is just as good (or better) and that it would constitute "waste" to restore the old one. Most homeowners don't have a great deal of money to throw at a legal fight, and many developers do, even if it means paying litigation costs and some amount of damages at the end of litigation.

I would suggest being proactive by discussing this with a lawyer now, having the lawyer send the developer a letter describing your rights and expectations, and being prepared to seek an injunction if they violate your rights.

[TNBAR]

Thank you for your input....I would love any other imput if anyone else has any....thanks again....tnbarr