Do I own the lawn outside my fence if nyc is taking it from me by eminent domain?
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Do I own the lawn outside my fence if nyc is taking it from me by eminent domain?
Hello I along with many people living in south
beach, Staten Island, New York have been
notified in the paper that the city is taking parts
of our parcel of land. We have been given no
details. If the land they are referring to is where
the sidewalk and grass are outside our fences,
does the fact they are taking it mean it was
always mine? I always referred to it as my lawn
and have cut the grass for over 4 decades.
Asked on July 3, 2018 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, the fact that the state notifies you about eminent domain does not establish that you owned that land in the first place. They notify anyone who *may* have a cognizable (recognizable, that is) interest in the land, so they can try to oppose the act if they want. You being noticed just means that the state feels you *may* have had an interest in the land--enoguh that you might choose to go to court over it, and try to prove your interest while opposing the eminent domain--not that you did.
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