right-of-way dedication

[T44c]

I plan to enclosure my existing deck on the rear. Because it is within the 50' setback requirement by the township, I am required to go through a variance process by the zoning department.

However, the public access road in the front is partially within my property. The township requires me to grant them right-of-way dedication as a condition to approve the variance application. The width of the right-of-way is 25', about 1/10 of my lot.

I made a request to waive the dedication requirement because the two cases are not relevant. But it was not accepted.

Is it legitimate that the township forces a right-of-way dedication?
Who is the legal owner of the dedicated land, me or the township?
Can I request an adjustment of property tax proportional to the dedication?

I hesitate to dedicate the land because 25' is too much. They claim this is reserved for future widening the road although they don't have any plan yet, which is not I want to see.

Thanks for any advice.

 

[dee_dub]

Get a lawyer and appeal to the development appeal board or whoever reviews planning decisions. I don't see how they could require you to dedicate a portion of your front yard as a condition of granting a variance for something totally irrelevant taking place in your back yard.

In answer to your questions, you would still be the legal owner of the dedicated land, but your ownership would be subject to their easement or right-of-way.

You could apply for a tax adjustment but I suspect you would be unlikely to receive one - you are still the owner of the land, and get all the benefit of it - their interest is contingent and doesn't impact your use until they actually start to use the right-of-way. However, it probably would affect your property value, and your tax should be reduced by that amount anyways.

 

[jharris352]

The only part I see where they are wrong is holding one variance to try to get you to agree to the other. They are eventually going to win on the 25' front yard variance. I would sell the property soon. If they are going about to get these variances they will eventually USE THEM. If you don't want a road that close to your house or have to move when they put it there, you need to sell and move.