Legal Question in Real Estate Law in Missouri

can they do that

the city i live in widened the streets, i thought they took a little more of my yard than they should have, along with a tree that had been there for years. My title papers say my yard is 175 x 75, It was not until we were putting up a fence that the city surveyor had to come and measure boundaries. He says that about 6 ft of my yard is now street. What can i do? Who should I contact? I did question the city administrator he said it cant be, and i have heard nothing. Can they take my yard like they own it!


Asked on 3/22/02, 11:31 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: can they do that

No, a City may not legally just take your property without fair compensation and due process. Most government entities will obtain an easement before any work is done whidh would "take" any private property. Are you sure that you haven't signed anything that would give the City an easement? If not, you may have a valid cause of action against the City for the wrongful taking. If so, you would be entitled to compensation and perhaps other damages. I would strongly suggest that you consult with a local attorney who is experienced in matters such as this.

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Answered on 3/27/02, 8:07 pm


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