Summary
In Tennessee, towns can legally require right-of-way dedications for subdivision approval, which may reduce your total property acreage. Compensation is not always required. If the dedication affects your ability to meet zoning requirements for subdividing, you may need to apply for a variance through the local zoning board. Variances are granted based on specific criteria and are not guaranteed. Consulting with a local land use attorney or the zoning board can provide further guidance.Full Conversation
In Tennessee when the Town places a right of way dedication on your land is the amount of land dedicated deducted from your total property or do you still own the same amount of land
Hi Cassie,
In Tennessee, when a town places a right-of-way dedication on your land:
- The dedicated land is typically still considered part of your total property.
- However, the town has the right to use the dedicated portion for public purposes.
Do you have any specific concerns about how this affects your property rights?
So I own * acres of land I want to subdivide into * * acre lots. The town said I need to Dedicate Right of way to expand the road but it said that I need to dedicate .* acre and then deducted this from my total property acreage. is this legal?
In Tennessee, the process of right-of-way dedication can affect your property acreage:
- **Right-of-way dedication**: Your total property acreage may be reduced to account for the dedicated land.
- **Legal requirement**: This reduction is generally legal if it complies with local zoning and subdivision regulations.
Have you consulted with the local planning or zoning board for clarification on this matter?
so even though i have not been compensated for the right of way dedication and I legally still own the land the town has the right to deduct it from my land mass
In Tennessee, when a town requires a right-of-way dedication:
- The town can legally deduct the dedicated land from your total property acreage.
- Compensation for the dedication is not always required if it's part of the subdivision approval process.
Have you checked with your local planning or zoning board about possible compensation or alternatives?
they dedication is only required if I subdivide. If the dedication causes me to fall short of the acreage required for zoning to subdivide is the Town required to grant me a variance
In Tennessee, if the dedication causes you to fall short of the acreage required for zoning to subdivide, the town is not automatically required to grant you a variance. Variances are typically granted based on specific criteria and justification.
- **Variance Process**: You would need to apply for a variance through your local zoning board.
- **Criteria**: The zoning board will evaluate if the variance request meets the necessary criteria, such as hardship or unique circumstances.
Have you considered discussing your situation with the local zoning board to explore your options?
so in tennessee it is legal as a condition of subdividing to be required to dedicate some of my land to the Town to widen a road that they do not intend to build?
In Tennessee, it is legal for a town to require a right-of-way dedication as a condition for subdividing your property, even if the road widening is not immediately planned. This is part of the local subdivision approval process.
Local Zoning Board of Appeals
Phone: [Insert local phone number]
Address: [Insert local address]
Website: [Insert local website]
Have you considered consulting with a local land use attorney for further assistance?
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