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  1. #1
    Join Date
    Dec 2009
    Posts
    2

    Default Bridge Guardrail Blocks Access to Property

    The state of Missouri has given money to our city to widen a one lane bridge that runs alongs the front of our property, and make it a two lane bridge. The bridge spans a creek. The creek divides our property in half. A mandatory 75'+ guardrail for the bridge will completely deny us access to the property on the other side of the creek. The guardrail was not discussed with us. It's going to begin to get put in today or tomorrow. The city is not responding to phone calls. What do we do?

  2. #2
    Join Date
    Mar 2009
    Posts
    327

    Default Re: Bridge Guardrail Blocks Access to Property

    You need to go to the Road Dept. (Right of Way Office) and inspect the "Straight Line" map for that road. The map will depict the width of the Right of Way. I suspect that the original ROW was only 30 feet; 15 foot on center. Now that the road is being widen, they may be taking more land than the easement offers. That would be a big problem. No due process, etc etc... Then again, they may already have done their homework and do, in fact, own a wider easement.

    In my opinion, and I am not a lawyer, I would go to the City/County Road Dept. first thing and find out about the ROW. Second, I would send the City and County a certified letter demanding that the guard rail be removed because it is blocking access to your property - in essence, a taking of private property without compensation. If you find that the new road width (including the location of the guard rail) is greater than the Right of Way, I would include that in the letter.

    You might also call the local TV news station to film a story on site.

    A personal visit to the City manager's office and a City Council meeting to voice your opinion would help. Tell them that you be hiring an attorney.

    Hire an attorney asap.

  3. #3
    Join Date
    Dec 2009
    Posts
    2

    Default Re: Bridge Guardrail Blocks Access to Property

    The problem is not with the width of the easement , but rather, the length. An easement was granted because electrical poles and other utilities needed to be modified. Nothing was ever mentioned about a 75' guard rail that would extend out from both sides of the bridge. The rail will extend out so far, that we will not be able to have access to our property.

    Work has started on the guard rail and needs to be completed in order for the city to get its money from the state. I feel that once the guard rail has been installed, it will be impossible to get it removed.

  4. #4
    Join Date
    Mar 2009
    Posts
    327

    Default Re: Bridge Guardrail Blocks Access to Property

    Again, you need to read the language of the easement. Does it include the installation of a guard rail? If not, they may be overburdening the easement.

    Otherwise you still need to talk to the City and a lawyer about the blocking of you property. ASAP!

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