Real Estate & Property Law

What Does a Subdivision Own?

By Alan Ackerman

The Texas Court of Appeals ordered a trial court to rehear a case in which residents of a subdivision argued they had an interest in a bridge that was torn down, limiting access to the neighborhood. The issue will be whether the subdivision development appropriately assigned the bridge interest to homeowners in the subdivision. The opinion falls comports with what is now a majority rule nationwide, that if the community owns an improvement, a taking of the improvement may require compensation to owners in the subdivision.

Galveston Daily News

The 14th Court of Appeals ruled a trial court should allow plaintiffs an opportunity to amend their takings claim against the city.

Glen Cove homeowners have argued in appeals court the subdivision's residents have an ownership interest in the property where the bridge once connected the north and south side of the neighborhood.

The appeals court opinion states it is unclear from records whether the bridge was private or public property.

It's up to the Glen Cove residents — not the city — to prove an ownership interest in the former bridge and its right of way, Helfand said.

Full post as published by National Eminent Domain Blog on March 22, 2011 (boomark / email).