Can a Development Be Forced to Have Sidewalks Built?
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Answer:
The county commission or like governing body of counties in most states are authorized to regulate the minimum size of lots, the planning and construction of all public streets, public roads, and drainage structures and require proper placement of public utilities to be located in proposed subdivisions of land or in proposed additions to subdivisions of land. The placement of public utilities must conform to the requirements of the applicable building code, state and federal laws, and regulations of state and federal regulatory agencies. The county commission may also establish a board of developers to make suggestions to the commission regarding the development and division of subdivisions. The board may advise the commission on the contents of the regulations, revisions that need to be made to the regulations, and assist in resolving disputes between the commission and developers.
Due process analysis typically applies where the action taken has allegedly deprived an individual of a right affecting life, liberty or property without adequate and appropriate legal process and procedures. The answer will depend on whether proper notice, voting, etc. procedures were folllowed in the appellate ruling. We suggest you consult a local attorney who can review all the facts and documents involved.
In some court decisions, the following test has been used in order to determine whether or not the action of an agency meets the basic legal requirements of reasonable due process:
1. Is the action taken or proposed clearly within or reasonably related to the purposes of the agency?
2. Is the action clearly within or reasonably related to the agency's powers?
3. Is the action taken reasonable with respect to its application and the scope of its application?
4. Has the agency acted with reasonable due process in carrying out the action?
Eminent domain is the government's right to acquire private property for public use. The governmental entity may be a federal, state, county or city government, school district, hospital district or other agencies. A public entity, rather than a private party, may pursue eminent domain, and it must be for a public, rather than a private use. The taking of property may be with or without the permission of the owner. The Fifth Amendment to the Constitution provides that "private property [may not] be taken for public use without just compensation." The Fourteenth Amendment added the requirement of just compensation to state and local government takings.
There are eminent domain laws which provide who can exercise the right of eminent domain and for what purpose. If the easement or property cannot be purchased, either the utility, city or county or state, can condemn property if it is for an approved purpose. Utilities generally have eminent domain rights sometime in cooperation with a governmental agency. To use the power of eminent domain, the condemnor must be authorized, by statute or ordinance, to take the property for a specific public purpose. The condemnor must also try to buy the property from the property owner by good faith negotiation.
