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Thread: Road not on property line

  1. #1
    Cyburbian
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    Illinois as of 1/1/09
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    Road not on property line

    We have a new development that requires a public road from one side of the property to the other. Oftentimes the road will be built half on each side of a property line so both property owners must share costs. The neighbors do not get along and the developer said instead of building on the property line as is custom he is going to build with five feet on one side as to not allow any access should the neighbor ever want to develop. We said he can split the cost of building the road if he builds on the line but he would rather screw his neighbor than help him "in any way". The development is one large site to be used by one company so it does not require any special city approval to happen. We don't want to see another road built next door if the neighbor ever decides to develop.

    Our current code says if there is a subdivision we have authority to place the road wherever we want it but since this is not a subdivision we do not have that control. We require the road under a different code section but we are all stumped right now on how to stop this from happening.

    Any thoughts?

  2. #2
    Cyburbian mike gurnee's avatar
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    A public road should be dedicated to, and accepted by, the governing body. The governing body could not accept the road. Unfortunately this most likely will not happen. You will be stuck with a chunk of undevelopable land until one of the two land owners goes away.

  3. #3
    Cyburbian dvdneal's avatar
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    Is there any kind of site plan approval by a commission or board? They can direct the road be placed elsewhere. Is there anything in your code about proper design or placement regarding shared driveways/roads, etc. Something vague that can make him share.

    I also have to agree with Mike, if it's a public road it has to be accepted by someone and they could ask for it to be moved to be a more efficient use of tax dollars and improve safety and traffic by reducing entrances - or whatever line works.
    I don't pretend to understand Brannigan's Law. I merely enforce it.

  4. #4
    Cyburbian Cardinal's avatar
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    Aug 2001
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    I have run into this scenario more than once. We have addressed it in one of several ways:

    1) Develop the road at the property line but enter into an agreement that the neighbor cannot take access to the road without making a payment to the original road builder to cover half of the cost.
    2) If the road is simply being stubbed in at this point, depending on what other development you anticipate, you might allow the developer to build the first half (say, 500' of 1000' of frontage). When the other property develops it would be required to build the remaining half.
    3) I was involved in one industrial park development where the road was designed to be a boulevard with enough pavement for two lanes in each direction, with a center median. We placed the centerline on the property line and let the developer build half fof the road. When the other property develops the second set of lanes will be required.
    4) You could get mean. Acquire the right of way through eminent domain, build the road, and assess both properties for the improvements.
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