Legal Question in Traffic Law in California

Can't get out from 9 to 5

Many years ago the city council in my town passed an ordinance to block off our street everyday from 9 to 5 during the summer. My carport's only exit is onto this street. I have been warned that I will be issued a ticket for driving the 200 feet it takes to get onto the closest open street. Can they legally deny me the right to enter and exit with my car during those hours? I was told to park my car elsewhere if I wanted to use it. I pay extra for the carport because parking here so bad. There are 9 of us being held hostage in this manner.

Please help me with some info to fight this.


Asked on 8/18/05, 8:04 pm

1 Answer from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Can't get out from 9 to 5

I am not sure what town you are in, but most property owners grant the city an easement from their property to the middle of the street for purposes of making roads to ingress and egress into your property and for general traffic.

This is more than just a traffic law issue, this is an eminent domain issue. In other words, the city if substantially interfering with your right to ingress and egress from your property. You may be entitled to compensation for what is basically the public taking of your right to use your property for a public purpose. There are way too many facts that I would need before I could render an opinion. I would be willing to discuss this case with you, however, it would have to be a Southern California case for something like this.

If you want to discuss the case call me at 818-739-1544, ext. 10

Norm

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Answered on 8/24/05, 10:17 pm


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