Can a city use a “land dedication” clause to take private land and get around eminent domain?

UPDATED: Feb 10, 2012

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Can a city use a “land dedication” clause to take private land and get around eminent domain?

We purchased a vacant lot and the city is claiming we have to dedicate 1/5 of our land to them for a bike trail. They will not compensate us for the “dedication”. Is this legal?

Asked on February 10, 2012 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You have to carefully review the claimed land dedication clause on the title report and/or deed to the property that you are writing about to see if it applies to the land taking issue that you are writing about. For this analysis I suggest that you consult with a real estate attorney.

Whether or not the land dedication clause issue is valid or not is too hard to tell at this point in that the language in any recorded document concerning your vacant lot has not been set forth in your question.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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