QUESTION
Can the city council restrict us into having only one family home in our land?
Asked on May 28th, 2013 on Landlord and Tenant Law - North Carolina
More details to this question:
I received 17 acres through my inheritance. We have been building a house on the land (over a 5 year process). The land has a 200 foot section the joins to a city road, yet my land is not in the city limits. We had to ask the city council to get a culvert on the 200 ft. Road section. My land has no other access so we are landlocked. At the second city council meeting they granted us the culvert if we annex into the city limit. But they also put on a restriction that the land be set up to only have a one family home.
3 ANSWERS
William A. Siebert
You can bring an "inverse condemnation" action claiming that the property is worthless without the culvert, and therefore you do not have to agree to annexation in order to get it.
Answered on May 29th, 2013 at 9:16 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You are asking a favor of them and they are taking advantage of you. If you put in the culvert yourself and don't annex, then you can do what you want. But in answer to your question, yes the city council can do that because they don't have to put in the culvert. Of course, they may be open to negotiation, such as you will agree to put no more than 17 homes on the property. Because if you put too many, the city will probably have to widen the road.
Answered on May 29th, 2013 at 8:39 PM
Family Law Attorney serving Durham, NC
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Morelos Law Firm
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To properly answer this question, you really would need to consult with local real estate attorney, and one who is familiar with the local ordinances in your area. There are in fact certain restrictions and guidelines that the city can put on certain lands, parcels, zones, etc. but it should all be spelled out in the actual ordinances or laws; they cannot just arbitrarily try to control land that you own! Consult an attorney to discuss further, including looking at your deed too.
Answered on May 29th, 2013 at 7:44 PM