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Easement for sidewalk

Discussion in 'Easements & Right of Way Law' started by user154934, Nov 8, 2016.

  1. user154934

    user154934 Law Topic Starter Guest

    Jurisdiction:
    Pennsylvania
    I have a very small property in a small borough. I have been told that the borough has received grant monies for sidewalks. The opposite side of the street from my property will be a new sidewalk from a train station to an industrial park. However, they want to put a short sidewalk (approx. 25’) on my property (across the street from new sidewalk) from an intersection to a privately owned trail that cuts through the woods to a private community. The trail is wood chips, no lighting and has limited use only to the 10-12 homes in that neighborhood. The path is used by very few and is only sporadically maintained (snow /leaf removal) (trail can not be used by anyone with disabilities, too rough and dark) Sign on path says “No Trespassing!” No other borough residents can even walk their dogs there! Why put a sidewalk to a trail?

    Approximately 15% of my total existing yard/property will be taken for this sidewalk. A garden wall will need to be moved or taken out and I will lose 1 of my 2 parking spaces. The strip of land being taken is the ONLY area to pile snow removed from our cars and parking area in the winter and where I pile leaves for removal in the fall. I will be responsible for snow removal from the new sidewalk, but there will be no area left anywhere to pile the snow from the new sidewalk. Makes no sense!

    I am angry as I don’t understand why I am receiving this hardship, I have a little property that will never appreciate to much and $800000 homes get the upgrade! On top of that, my partner is handicapped and wears braces on his legs. That means that maintaining this new sidewalk in winter adds to our burden and due to the loss of parking I will probably have to park up the street and walk down the road to my door.

    If this neighborhood wanted safe viable access to the area, the trail could have been paved and lighted, then, maybe, a sidewalk connection would make sense. It’s a cut through, a trail. Dirt and leaves.

    What can I do? How do I fight this? Aren’t there hardship considerations?

    PS Probably never would have known this was happening if I didn’t see the surveyors in the woods and asked what was going on. I think they are trying to get everything passed and it will be too late to fight. Maybe too late already they said construction will begin spring 2017.
     
  2. army judge

    army judge Super Moderator

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    You start by discussing your concerns with your local, elected leadership.
     
  3. army judge

    army judge Super Moderator

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    If you believe your elected officials are stalling you, then you need to HIRE a lawyer.
    There's nothing anyone can do, other than a lawyer appealing the matter to the zoning commission, building department, or one of your state's courts.
     

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