QUESTION
What can we do to replace our sidewalk? How?
Asked on Jul 14th, 2015 on Litigation - Alabama
More details to this question:
We are trying to replace our driveway of 30 years, but were hit by a refusal since the city owned sidewalk of over 30 years is also not compliant. The city wrote the code, is non-compliant to the code, and will not allow work to progress until we pay for a new city owned sidewalk.
5 ANSWERS
Ronald A. Steinberg
You may have to go before the zoning board.
Answered on Jul 15th, 2015 at 3:02 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It's hard to say what you can do. In many places, if the city replaces a sidewalk or does other work which improves your property, you can arrange to pay for it over a period of years. You might consult a lawyer skilled in municipal and administrative matters. He or she would be able to advise you on how to seek reimbursement from the city if the fault is truly theirs, rather than just due to time.
Answered on Jul 14th, 2015 at 6:23 PM
Many cities take the position that the homeowner actually owns the sidewalk but they will put it in. Do you really want a sidewalk? You need to have in writing from the city what they are willing to do and on what legal basis; then you might need to see a local attorney who does land use planning to see what can be done.
Answered on Jul 14th, 2015 at 6:21 PM
James Eugene Hasser
You are going to need to get a lawyer familiar with condemnation cases. Good luck.
Answered on Jul 14th, 2015 at 6:17 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I take it that when you say "hit by a refusal" you mean they wouldn't give you a construction permit? See if there is an appeals process.
Answered on Jul 14th, 2015 at 6:17 PM