My Village is trying to steal my property

[wildbill59]

Back in 1992 the Village widened the street in front of my house and in the process relocated the sidewalk 4 feet closer to my home. I had a survey done in 2005 that shows that they placed a good chunk of the sidewalk on my property. I taped off the area in question and just got some nasty letters from the village telling me that I'm a big time criminal. The statute of limitations for adverse or prescriptive possession is 20 years in WI so I'm well within the time limit. Got a letter yesterday saying they will look into my assertions that this is my property.<br /><br />Anybody else run into a problem like this?<br /><br />Anybody been compensated for taking of property?<br /><br />How much/what's the going rate?<br /><br />A side note: 2 years ago when they rebuilt a small bridge they gave out $1500 to each of the affected prop. owners for a temporary construction easement.

 

[jtexas]

Re: My Village is trying to steal my property

So you're not allowing anyone to walk on the sidewalk in front of your house? Bet your neighbors love you!

 

[wildbill59]

Re: My Village is trying to steal my property

Actaully my neighbors love me. I've stood up for them in the past with various issues in the neighborhood when they were to chicken to stick their necks out.

 

[EZLoader]

Re: My Village is trying to steal my property

Originally posted by wildbill59:<br /> I taped off the area in question and just got some nasty letters from the village telling me that I'm a big time criminal.

<br /><br />Gee Bill, you don't look like a criminal...

 

[Bob_VT]

Re: My Village is trying to steal my property

The right of way that villages have varies. It is normally measured from the center of the road. I was a road commissioner in 2 differant towns here in VT and everyone interpeted the right a way to their benefit. If the town (village) built the road "off center" in the right a way and then wanted a sidewalk... the only choices were to rebuild the entire section of road or install the sidewalk where needed. I am afraid that after 13 years there is not too much you can do.

 

[Haut Medoc]

Re: My Village is trying to steal my property

You may get a few bucks out of them, but I doubt it.....The property is gone, either way.......At this point a fight will only cause head-aches....Let it go.....JK

 

[EZLoader]

Re: My Village is trying to steal my property

Seriously Bill,<br />You need to make sure that you document all of your concerns and protests to the City in formal written form (sent by certified mail/receipt requested to all of the appropriate parties (ie- Mayor, City Council, Public Works Director, etc., the more the better). This establishes you on legal record that you are officially protesting their action. <br /><br />In your letter ask them a list of questions that you want them to respond to you "in writing" so that anything they say is "officially on the record." <br /><br />Ask them:<br />1) Did you follow all "proper state and local legal procedures" in the taking of your land for the sidewalk? <br /><br />2) Please state exactly what laws they used to justify the taking.<br /><br />3) Was the landowner properly notified of the planned taking in accordance with the law?<br /><br />4) Was a proper survey of land made prior to taking?<br /><br />Ask them to respond to you in a "timely manner as this matter is of urgent importance to you."<br /><br />Bill, this is a starting point and depending on what they write back you may need to write additional letters. <br /><br />Governmental agencies that skirt the law don't want to someone to ask them questions that they then must respond to in writing because if they broke the law or lie then they are in even worse trouble.<br /><br />What you are doing is building a case for yourself based on this "written evidence". If the Village pulled a fast one, your request for written answers to the above questions will have them sweating. <br /><br />But if they are within their legal rights they should be able to quickly respond and explain to you why and what they did was proper and legal, citing the laws they acted upon. (ie- sidewalk was within existing road right of way).<br /><br />If they don't respond in a timely manner, or fudge on there answers then they may be covering up a problem they don't wish you to know about. <br /><br />Good luck!

 

[18rabbit]

Re: My Village is trying to steal my property

And if you haven't done so already, have whatever company that the survey go register their survey with the appropriate county office immediately!<br /><br />In Calif it's 2-years on prescriptive, 5 on adversary, but neither is easy to get. In general, courts hate property disputes. They are inclined to stick to the letter of the law on such issues. If your state says 20-years it is unlikely a court is going to budge form that.<br /><br />If you are condfident in your property lines, there is nothing stopping you from going out and removing that part of the sidewalk that is on your property, tossing the concrete on the "village", and then letting them know they have a mess to clean up.<br /><br />Although you have 20-years, it is kind of important to get your butt moving on this ASAP!

 

[wildbill59]

Re: My Village is trying to steal my property

The road is 31 feet wide and the right-of-way is 33 feet. I have the engineering drawning from when they redid the road and their drawing indicates that they never bothered to do a survey bcause their ROW line comes down the middle of my driveway on their drawing. This same firm was responsible for inspecting our new water tower in 96 and when a inspection was performed recently on it they found 100 feet of defective from the day it was laid, weld. They also rip out survey markers when they rebuild roads,etc. and don't reset them, in violation of state law.<br /><br />EZLooader, I've learned to get everything in writing, never rely on a verbal response. My reply to their notice of my crimminality I made a formal claim that this was my property and asked for their justification in claiming my property. They've backed off for now but your points you raised were good points and will be used.

 

[SpinnerBait_Nut]

Re: My Village is trying to steal my property

Here in Ky. I think it is 30' either side of the center of the road as the ROW.

 

[cpj]

Re: My Village is trying to steal my property

Stick it to the man, man! I love when the village is wrong. Im gonna love following this one.

 

[JRJ]

Re: My Village is trying to steal my property

If "the public" used the sidewalk from 1992 to 2005, I think they own it. You should have been compensated for "your land" before any concrete was poured. I'm interested because a town is taking some frontage off some property I own for a road widening and I haven't seen a promise or a check.

 

[SpinnerBait_Nut]

Re: My Village is trying to steal my property

They don't have to give ya a check if it's in the ROW.

 

[ZmOz]

Re: My Village is trying to steal my property

Originally posted by JRJ:<br /> If "the public" used the sidewalk from 1992 to 2005, I think they own it.

Originally posted by wildbill59:<br />The statute of limitations for adverse or prescriptive possession is 20 years in WI so I'm well within the time limit.

Sounds like he's got until 2012 before that happens.

 

[wildbill59]

Re: My Village is trying to steal my property

<br /><br />Here's one pic. The survey marker is located to the right of the right hand stake about 2 feet,just off the curb and right on the top edge of the drive apron, rirght where the bare spot in the snow is. <br /><br />this is a corner marker. The lot line goes to the left just to the street side of the big tree. The other line comes down to the bottom of the pic, 6 inches from the right edge of the sidewalk at the bottom.<br /><br />As a side note, the guy with the red house in the backround (fellow boater extroidanair). When I got my survey and could find out where the ROW was, I bummed him out. The ROW goes right thru his garage,hits the corner of his house too. He talked to his lawyer that represented him at closing and the lawyer told him not to find out more, this way when he sold it he could plead ignorance. And this lawyer is also our Village Judge! His degree on his wall is from Timbuktoo U.

 

[wildbill59]

Re: My Village is trying to steal my property

<br /><br />In this pic the marker is just off the end of the curb and goes to the right of the tree. Farther down the sidewalk meanders back onto my property too.<br /><br />On the day they gave me the order to clean the snow off I brought in my papers to run for Village Board. I was on it from 2003-5 and didn't run again because of my job. Since my job is up in the air I said what the heck. Needless to say they don't like me at Village Hall. I stick up for the residents and they don't like it.

 

[JRJ]

Re: My Village is trying to steal my property

I don't know Bill. You have made a point. What I see is a hazard and easy pickins for anyone that might not agree with you. I'm sure you don't want anyone to fall on the re-bar, but it happens. Denying wheel chair access is serious here. I hope the village makes you whole soon. Good luck.

 

[Nos4r2]

Re: My Village is trying to steal my property

Good luck to you Bill-if someone doesn't stand up and force those that make the rules to stand by their own rules then they'll walk all over everyone in one way or another.

 

[EZLoader]

Re: My Village is trying to steal my property

Originally posted by wildbill59:<br /><br />He talked to his lawyer that represented him at closing and the lawyer told him not to find out more, this way when he sold it he could plead ignorance. And this lawyer is also our Village Judge! His degree on his wall is from Timbuktoo U.

Great...advise your client to lie to new buyer!<br />Village Judge sounds more like Village Idiot!

 

[wildbill59]

Re: My Village is trying to steal my property

My main concern is if they take posession adversly, my "set back" of my house from the ROW will be nonconforming causing a bigger dilema