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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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