QUESTION

Getting a abandon county road turned over to the property owners that use it to get to there property

Asked on Aug 03rd, 2020 on Zoning, Planning and Land Use - Missouri
More details to this question:
I am a property owner that’s only egress is down a dead in road that the last 3000 foot county has stopped maintaining for more than 10 plus years I would like to regrade and gravel it but only if I can install a gate up where the county stops maintaining the road
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1 ANSWER

Real Estate Attorney serving Kansas City, MO at Easter Shaw, LLC
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Often you can get a county to relinquish unused or maintained land like this simply by asking and buying it for a small fee.  There is a legal mechanism called "adverse possession" that allows you to take property that has been been possessed for a period of time against the orriginal owner in a manner that is "open, notorious, and hostile". In Missouri, you must do this for a period of ten or more years to qualify. However, depending on the state and jurisdiction this may be difficult, if not impossible, to claim against any governmental entity. I would therefore attempt to procure the land in the direct way of contacting the current owner (presumably the county) of the land and attempting to purchase it.  When purchasing land from a governmental entity they will always attempt to sell the land at "market value". The benefit a lawyer can bring to a transaction like this is to argue down the market value cost. E.G. an acre of land in your county may go for an average of, say, $2000 where you live, and the state may claim that their are of roadway should be valued at that, or higher, due to improvements. A lawyer would be able to go in and argue that is unreasonable due to the abandoned condition of the roadway, innaccessibility, unfitness for any other use, or a myriad of other reasons. Prior to engaging a lawyer, you should do a cost benefit analysis. If the plot of land you're looking to acquire is worth less than what you will likely spend on an attorney then there is no sense in hiring one. The goal is to spend less on the lawyer than you will benefit in savings. 
Answered on Aug 24th, 2020 at 9:06 AM

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