Does the county have to pay me for land they take to widen county road?

UPDATED: Oct 1, 2022

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Does the county have to pay me for land they take to widen county road?

The county is widening our road. They will be taking down our fence and taking some of our property. Are they required to pay us for the land and rebuild our fence?

Asked on October 23, 2018 under Real Estate Law, Arkansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, they do: when a govermental unit takes land or property, it must pay the fair market value of what it takes; that is, for example, a basic principal of "eminenent domain," or the taking of private property for public purposes. And when someone dismantles, damages, destroyes, etc. anything you own--like a fence--they have to pay to repair or restore it. If the county does not voluntarily offer you some acceptable amount, speak to a lawyer about legal action.

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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