Understanding Right-of-Way Expansions: What Happens When a Road Project Widens the Road
When a road project is planned to widen the road, right-of-way (ROW) expansion becomes a critical issue for property owners. This article explores the factors that determine whether a project will result in encroachment on your property and what steps you can take to protect your interests.
What is a Right-of-Way?
A right-of-way, or ROW, is the land on either side of the road that is legally dedicated to public use, such as for the road itself, sidewalks, or other infrastructure. Typically, a cartway in our jurisdiction is 16 feet on either side of the center of the road, making it 32 feet in total. However, most paved sections are less than 24 feet wide, with the remaining area used for shoulders.
Factors Influencing ROW Expansion
When a road project widens the road, cities often need to acquire additional right-of-way to accommodate the new design. This additional ROW can extend 5 to 10 feet or more beyond the existing road, depending on the project's specifications and the needs for sidewalks, bike lanes, or other infrastructure.
However, whether this ROW encroaches upon your property depends on several factors:
Existing Property Lines
If your property line is close to the road, the widening could potentially take some of your land. It's essential to check your legal survey to understand your property dimensions and legal rights.
City Planning
Cities usually notify property owners if their land is affected by a project. They may offer compensation if they need to take part of your property. Understanding the city's planning and development processes is crucial for safeguarding your interests.
Easements
Sometimes cities establish easements rather than taking full ownership of the land. An easement allows the city to use the land for road purposes while you retain ownership. Understanding the difference between easements and eminent domain is important.
Local Laws and Regulations
The specific rules governing land use and right-of-way acquisition can vary widely by jurisdiction. Consulting with local city planning or public works departments can provide detailed information on the project's impact on your property.
Understanding Eminent Domain
Eminent domain is the legal authority of the government to take private property for public use. Unlike easements, where you still own the property but must allow public access for specified uses, with eminent domain, the governing body acquires ownership of the property.
When a city exerts its right of eminent domain, it must pay you the fair market value for the property it takes. If a reduction in property size causes an illegal position, they must compensate accordingly. For example, if the city takes part of your front parking area, you must be compensated for the loss and for the cost of repurposing another segment of your property to bring it up to code.
Consulting an attorney is recommended if you believe you are being unfairly treated regarding your property.
Conclusion
Understanding right-of-way expansions and eminent domain is essential for property owners facing road projects. By knowing your property rights, staying informed about local planning processes, and seeking legal advice when necessary, you can protect your interests and navigate these changes effectively.