Right of Way Allocation via Condemnation Versus via Plat
When it comes to “right of way” allocation, it’s all about dedication and who initiates it.
There is actually a loophole in condemnation laws that allows a governing body to acquire property via plat without any form of compensation. This is typically determined during the platting process.
Platting is an important step of the land development process, yet it is a complex one that not many people understand well. In fact, many real estate developments and government officials don’t fully understand the varied complexities involved with the platting process. That’s why it’s important to have platting experts, such as the team at PRD Land Development, in your corner.
If a project triggers a plat and the City identifies the need for additional right of way then the governing entity can have you dedicate this right of way via plat without compensation. The leverage the governing entity benefits from is the fact that the developer wants to develop the property and will comply to get the ball rolling on permitting.
If the governing entity determines that right of way would need to be dedicated, but the current property owner has no intention of developing in the near future then the governing entity must purchase the property at fair market value.
In both scenarios of dedications, whether it be for developers or property owners, it is a requirement to dedicate the specified right of way, but the difference is who initiates the dedication.
There are many requirements in the state law that cover the steps the governing entity must take and it’s imperative to have an experienced civil consultant on board to maneuver this process. If you have questions, please reach out to us at [email protected]. We’re here for you.