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City Dedicating Land to Itself
Posted by Hammy6275 on April 6, 2024 at 9:18 pmHello everyone,
I am currently working in a city that owns a property with a pump station on it. The property is surrounded by a subdivision to the North and East, a city road to the South, and a state road to the West. I was wondering if it would be acceptable for the city to dedicate some of the land on the South for public road purposes. Additionally, would there be any potential issues in the future if they ever decide to sell the land where the pump station is located?
Thank you in advance for your responses.
aliquot replied 6 days, 11 hours ago 6 Members · 5 Replies- 5 Replies
Sorry, no answers here but some issues to consider. Property taking and conveyance differs so much from state to state there is no black and white answer, it could depend on a number of factors. I’m licensed in Massachusetts. Dedication was abolished in the 1800s. Water departments operate under an enterprise account system. This essentially means any funds generated by the delivery of water must be used for the water department’s needs. The enterprise account is outside the reach of the municipality. If land was purchased for water purposes it will have to remain for that use. Enterprise account aside if the funding that paid for the purchase came from a dedicated use fund, that could prevent a change of use or sale. Additionally, if the land was taken for a specific purpose named in the taking it would require some action by either the taking authority or the legislature to change the use. If the city was conveyed the property by deed, it is just real estate. The current owner could do what they like, zoning issues not included here. Could the layout of a road be placed through and over the property, most probably. If public convenience and necessity dictated so. Just some thoughts.
There are many pumping stations/POD’s/wells/treatment plants that fall outside the city limits yet are still owned by the city. In that case the road dedication might be to a different entity. If whoever “gets” the road doesn’t mind getting the responsibility for the road, and if the water board or whoever regulates the system feel it’s a good idea then it’s probably a go.
In my state dedicated roads are fee simple determinable ownership. A fee ownership for road purposes. Limited to a depth needed for roads, utilities, bridges, ect. “Underneath” that ownership the dedicator and assigns continue to retain ownership also called reversionary rights. So, if the site gets sold that buyer will have an ownership in the dedicated road which automatically converts to fee simple when the road is vacated.
While it depends on your states right of way laws, generally this is acceptable. The city, (acting as private enterprise) would either dedicate or deed to the public (represented by the city), the right of way.
In almost all cases, the actual action of vacating and accepting the right of way would need to be done by an elected official, as they are the representatives for the public.
As has been said before it depends on your State Laws.
In my state (New Jersey), in this case, the city owns the fee simple in the lands the well is on. In the case of a dedicated road the city holds the easement for the Right of Way in trust for the public.
You need to check in your state laws how different government subdivisions own property and how roads are created.
PLS NJ & NY, PP NJAs has been pointing out, local practices vary, but in general this is perfectly acceptable. Municipalities own land, and they also manage land in behalf of the public. These are two distinct title statuses.
It sounds like in your case, the dedication would convey the title frommthe city to the public. The city would then have the authority and responsibility to manage it for the public for right of way purposes.
This is very common. If the parcel were conveyed it would be conveyed without the dedicated portion, or with the dedicated portion but subject to a public easement, depending on the language of the dedication and/or local law.
- This reply was modified 6 days, 11 hours ago by aliquot.
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