Update, now that the county owns the first 30 feet, they are requiring the property owner to obtain a permit for driveway entrance and the property owner to to pay for that entrance way and drain pipe that will meet county code.

Question Since the county now owns that first 30 feet and it to be use for and I quote, "to be used as a public street, and for installation and maintenance of stormwater management facilities and of private and
public utilities. who is require to pay for that improvement?
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ORIGINAL POST:
https://www.askmehelpdesk.com/politi...-120252-2.html

Hello yet:

Well, you're asking the wrong guy, because I think if the city owns it, they should pay for its upkeep.

Of course, I'm sure the city doesn't agree.

excon

Quote:

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Originally Posted by excon

Hello yet:

Well, you're asking the wrong guy, because I think if the city owns it, they should pay for its upkeep.

Of course, I'm sure the city doesn't agree.

excon

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Your right they don't agree, but I do believe they would be respondible for that.

Ok, here goes...

A county is not a for-profit entity. They exist to administer publicly owned property and services. The cost of those services and their administration is paid by the taxpayers. When a service is provided to a specific taxpayer then only that taxpayer is responsible for payment, in the form of a special tax assessment.

So in this case it is not unusual or illegal for you to have to pay for the drain pipe, since that is a service that benefits only you. However, I would definitely argue with the county over the driveway entrance permit and the driveway entrance itself. The basis of the argument would be that there was already a driveway entrance existing before the county took title to the property. The transfer of ownership should have had no effect on the entrance. If the county is now choosing to change the requirements for driveway permits and entrances, or to create new requirements as a result of their ownership then it should be considered an exercise of eminent domain and the county should be paying those costs.

Try throwing that at them and see what happens.

Well I can tell you what has happened to me in Missouri, Texas, Alabama and Tennessee.

If you want a drive way across their right of way, you first have to pay an access fee, and you have to pay for any drainage that your drive way would require.

They explain it, that they don't need or want the drive way, so you are paying for the privage to have it.

Chuck, I think you missed the first part of Mr.Yet's situation. The county just took the first 30 ft. of his property adjacent to the road for road-widening and drainage purposes. Now they are requiring that he get a driveway permit and create a new entrance over the property they just took from him.

THe Deed from the county states ""to be used as a public street, and for installation and maintenance of stormwater management facilities and of private and public utilities.

They are require me to get a permit , pay them money and install the improvement for them. They own the 30 ft, it is not on the tax assessment at all.

The obtain the proeprty due to subdivision and a requirement of approval it had to be deeded to the county and I quote
"WHEREAS, Grantor is in the process of subdividing the property of Grantor
Pursuant to the Zoning Code and Subdivision Regulations of Cecil County.

WHEREAS, in order to obtain approval for said subdivision, Cecil County has
required that certain property be dedicated to the County along the road frontage of the
Property for the purpose of widening the existing county road and/or providing for
Stormwater management and/or utilities within said area.

NOW, THEREFORE, in consideration of the above, and of the approval of the
subdivision of the Grantor of the property of the Grantor of which this property is a
Portion, Grantor hereby grants and conveys unto Grantee, The Board of County
Commissioners of Cecil County, in fee simple, that property shown on the subdivision
Plat of Grantor entitled"

Blackmail and theft, no compensation was given to the property owner and not only they subdivided parcel, since both side of the owners proeprty in on county road the 30 ft was taken around the total property.