[Jeff6988]

Hello, I live in West Virginia and was wondering if there is a law that if an alley has not been open, used or maintained for along period if it can be reopened when ever town council feels like it. The town I live in is filled with unused alleys, some gown up with trees and weeds, some cut by home owners. The alley between a church and I that has been closed for over 80 years and never been maintained by the town is being kicked around to thoughts of opening it. The alley is 30 feet wide and is one foot from the corner of my house. I was wondering if I have any rights to keep it closed? Thank you very much!

[N0help4u]

They can open it. Look how they buy houses off people to put a highway through and basically 'steal' homes off people by using things like the kelso vs Connecticut eminent domain law.

[ScottGem]

If you had encroached on the land you might be able to claim an easement. But as long as the town still owns the land they can decide how to use it.

Many years ago, my mother worked for a real estate agency in Brooklyn, NY. She told me this story about one of the agents in the office.

In Brooklyn, there are many blocks with attached row houses. In a lot of these blocks there originally was an alley used for garbage collection. Over the years the Sanitation dept started collecting from the street instead. Owners started extending their yards into these alleys (approx 10 feet wide).

The agent went to a public auction where several of these alleys were up for sale. He bid and bought some of them. He would then send the homeowners who had extended their fences into the alley a letter telling them to move their fence or buy the deed to that piece of the alley from him. Generally, he paid about $100-$250 for each alley and sold the pieces to the homeowners for about the same. With an average of 20 houses on either side of the alley, he would get $2000-$5000 for his investment. It was generally cheaper for the homeowner to buy the deed from him then move the fence or fight him.

[smearcase]

I can't find a specific reference for WV but if the town had the auhtority to close the alley they can probably open it if they determine it is best for the public good.