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  1. #1
    Join Date
    Apr 2008

    Default Town Claims Easement is "Unsafe"

    I have an easement in Texas off a road that went from 800 cars per day to 42,000. The mayor of the town does not want me to have this easement as it would make a potential big developer have to pay more for my property (property that they will need for their desired plan) if it is more commercially viable. However, since there is another way to my property and the easement is not within TX Department of Transportations ideal distance of 150 feet from a turn lane (mine is about 130 feet). . . he is calling it "unsafe", to garner town support. This easement would make for two entrances that you see on hard corner commercial sites at signal lights all over the country. Additionally, there are google earth pictures of TXDOT projects everywhere that show these entrances allowed, even on the turn lane when it is the only viable option.
    What should I do about a claim of "unsafe" from a Mayor who is not an engineer? Wouldn't a town be safer from fire if there were no homes allowed to be built? Is there a law for being reasonable?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Town Claims Easement is "Unsafe"

    You have an easement over whose land for what purpose? What are you trying to tell us that the easement "would" do? That part is unclear.

    What makes you think a municipality cannot impose safety limits on an overburdened road, even if it's a private road?

  3. #3
    Join Date
    Apr 2008

    Default Re: Town Claims Easement is "Unsafe"

    Mr. Know it all,

    I believe that a municipality,even one as small as this, can enforce their will. Though I am only up against two councilmen out of six and one cannot vote except for a tie. The problem is that these two have gone about getting the "unsafe" enrance changed through the county without going through the council and open meetings. Now they are having to bring it up in council because I have made it an issue. I am hoping that the council will see that the entrance is a benefit to the town, and that the claims of it being unsafe are merely the desperate cries of a last-ditch attempt to thwart my progress and hopefully gain favor with the big development company. Money has greased palms at the county level and it wasn't from me.
    But still. . . there is such a thing as abuse of power and abuse of process.

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