Legal Question in Real Estate Law in California

Re: Public right of way

Whether or not there is a right-of-way or easement in favor of the City would be relatively easy to check in most cases. Your deed may refer to it, or perhaps your title report or title insurance policy. It may show on plat maps or in the recorded instruments in your chain of title. A lawyer with real-estate experience and/or a title company could make the necessary search for you.

Are any neighbors similarly affected? If so, you should compare notes with them.

Fifty years of dormancy probably doesn't affect the City's rights, whatever they may be. There can be no adverse possession against a government entity.

If there is a public easement or right-of-way and your title insurer didn't pick it up and list it as an exclusion, you may have an insurance claim under the policy.

The possibility of flood damage is perhaps your strongest argument. Still, the City has experts and you have only your (presumably) inexpert opinion.

My recommendation is to have a local real-estate lawyer determine the validity and nature of the City's right-of-way, explain it to you, and also give you a quick opinion on the merits of a suit for some kind of damages or compensation. In my opinion, if the City has an easement for road expansion, you are not very likely to win any compensation, but that's not to say your chances are zero. Good luck.