Expert: liznarr - 9/24/2008

Question
We live on a corner lot of two busy two-lane streets.  The city is planning to widen the main road in front of our house and add curbs and sidewalks.  The engineering plans indicate that the city would remove our stone retaining wall at the street and slope half of the front yard to a 6:1 slope.  The 50' x 150' front yard is almost completely level at this time and about five feet about the current street level.  The city is asking for a permanent easement from us to do this work.  They are also refusing to replace the retaining wall. In contrast, I belive that I could refuse to sign the easement and force the city to go into condemnation.  We hope to sell the house in a couple of years, so I would like to know which would be more marketable the retaining wall or slope?  Should I fight the city or sign the easement?

Thank you.

Answer
Hi Matt,

Oh, boy, what a dilemma.  I think yours is more of a legal question than a real estate question.  

First, I would suggest that you look up the condemnation laws in your area to see exactly what rights you have as a homeowner.  Next, I would  contact an attorney for legal advice on what your chances might be of balking on signing a permanent easement for the City to do the work they want to, and NOT replace your retaining wall.

If Code in your area spells out specific rights for you that the City is trying to bypass, I would stand my ground.  You might also, if you have not yet done so, talk with neighbors and see what their position is with the City.  I am never an advocate of giving up a ship without a fight if you are the injured party, but you do need to first address your rights by law.  

Cities, counties, and states will generally try to take the least expensive route by asking for a permanent easement or minimal compensation in a condemnation proceeding.  I am no condemnation expert, but it’s the general opinion that if your land is “taken,” you should be compensated.  

Not being able to physically “see” what a retaining wall versus a slope would look like with your property as a backdrop, it would be unfair for me to say which would be more marketable down the road when you decide to sell.    I would say that your gut feeling/opinion is your best guide here.  Also keep in mind that a retaining wall probably needs minimal upkeep; a slope will have to be landscaped somehow and constantly maintained to present a good appearance and not take away from your property.

Good luck to you, and feel free to write again if you have additional questions.

Regards,
Elizabeth