Road Expansion

Property Location: Maryland

We've recently found out that the county is considering widening a public road that borders our property.

If the county has an existing easment to widen the road, would this be recorded on our deed? If there is no easement recorded on the deed, might one still exist? Should I pay a title company to research this?

Is there some form of "default" public easment that might exist by law (such as x number of feet from the centerline of an existing road) even if no such record is on the title? If so, would this be a county zoning rule, or where might this be noted?

If the county were to have an easement to expand the road (they are considering a rather large expansion that might take a considerable amount of my property), what is the typical process regarding compensation, and what is usually used to determine the land value?

None of our (residential) neighbors want the road widened. The request to widen the road has come from a large commercial entity that owns the property on the opposite side of the road, and they appear to be pushing the county to expand on the residential side of the street. We're all concerned over impacts to proprety, our property values, etc. Any ideas as to how best to "take on city hall"?

I'm expecting that I'll need to find a local real estate attorney at some point, but I'd like to find out what I can before taking that step.

Thanks for any assistance.

It is unlikely that your deed would have a specific road easement spelled out.

If it is an old county road it was most likely created as a result of a petition of adjoiners many years ago. You can inquire of the county for the current highway plans which may exist if the road was created or substantially improved in the last hundred or so years.

The process of taking additional right of way begins after the design study is completed and the preferred design is selected. At that time the county will begin an appraisal process which will determine their offer to you. It may include a permanent take with an additional "temporary" easement to provide for grading, driveway connection, and drainage only during construction.

This will result in a written offer to you which the county will attempt to negotiate. You can take it, leave it, or make a counter offer based on a different theory of appraisal. You can hire your own appraiser.

If you do not reach agreement, the county's written offer will go to zero and you will be the defendant in a court case. The county's appraisal will be presented to a jury for decision. In the absence of compelling evidence from you, that will be the settlement.

Landsurveyor is pretty much right on point. You might also consider that it cost the county close to 20,000.00 per case to get to and thru a special master hearing. So, if you and about ten of you neighbors decide you want to see just how much a jury will give you they might think twice and widen on the other side. Keep in mind the jury trial will be after the special master hearing. If you go that route have you attorney appeal with exceptions. Most won't start construction if there is a chance they may lose. Can get expensive and you have to pay your attorney out of what you get, unless your in Florida. Also, what side of the road is the power on? Guess where that has to go? More land being taken.

or you can realize that the gov't has powers of emminent domain and can take the land, eventually. Also realize that any costs to the state will be paid from the taxes you and your neighbors pay.

The longer you and your neighbors can put this off the better. After all, I don't think you are in a hurry to have your land messed up, etc. The initial offers made on road projects are usually very low. I have seen them to be about 1/2 what they should be and they don't count damages very well. Yes, its you taxes at work but you didn't ask for the road to be widened in the first place. Take a look at what commercial property values are in your area and then residential values. If you don't get organized you and your neighbors will keep getting the land agent at the door until you sign. If they condemn your land you get to write off the money as damages. If you just sign up then they report the payment on a 1099 and you get to pay taxes on it. Get a lawyer and get their attention.

Thanks LandSurveyor and LandAgent, that's helpful.

Any idea if the prevailing price per acre of land is an arguable benchmark for the land taken for construction, if it comes to that?

My experience is actually different.

The land agent I am used to working with had 27 parcels on his last job and he negotiated all of them out of court. He always looks for a fair resolution and usually finds it.

Worked best for the landowners and everyone else.

Don't assume that going to court will get you a better result.

I have never seen a negotiator to go out looking for one half of the appraised value.

No one actually wants to go to court. It's best to resolve it out of court.

in my area, the airport expanded and needed land. There was only 2 people that had any problems with the money offered. One was a business and they only wanted to buy part of the parcel and the owner felt that would be so damaging to his business that he wanted them to purchase the entire parcel. They eventually agreed.

The other one was an elderly woman that simply did not want to move at all. She merely continued to refuse to respond to any attempts at a solution until the gov went to court and the courts decided for her.

Everybody was offered market value for the property. That is what is basically required of the government to pay since that is what they are taking from you. Not that it applies in the OP's situation but all moving expenses were paid as well since the folks obviously had to move.

as to condemning property and taking it as a write off; what are yo utalking about? Condemnation is simply the legal process of forcing the sale of the land. The government cannot take your property without compensation. Have you not read a short literary work called the US Constitution? It kind of makes it mandatory the government pay you for the land they are taking.

as to paying taxes due to a 1099; you really need to read some tax laws and what is exempt from taxation (to get you started, start with sale of a residence)

Not to profess to be all knowing myself but you, landagent. really seem to be misinformed as to the process and what is legally required of the government in such a situation.