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I have used this platform in the past and find it very helpful. On Tuesday, the 19th, our city ruled in favor of a new development surrounding my 2 acres of land in Shoreview, MN - you can go to any number of mapping services and find it - 4151 Rice Street - Shoreview, Mn. My properties dimensions - 163' frontage on Rice (a major street) x 533 deep. The city is allowing the developer to build a street on either side of my property - extending 300 feet west from Rice Street. There is a 10 foot easement between my property line and the curb of the new street. Your experts have informed recently that because I loose side yard building setback (Old setback was 10' - New setback is 30") that I should demand a grandfather clause in my deed that allows me build or utilize my property up to the old setback. "MY QUESTION IS: HOW CLOSE TO MY PROPERTY LINE CAN THE CITY CONSTRUCT A NEW STREET". The unfairness is that I am allowed to go within 30 feet and they can go within 10 feet. Thanks

Optional Information:
Shoreview, Minnesota

Already Tried:
I am not opposed to this development, only to the manner in which they are shoving it down my throat

Customer (name blocked for privacy)

Status: Closed Value: $70

I have researched the past questions regarding this issue. Flagbridge has given you excellent advice. Assuming that the city owns the land next to yours on which the street will be located, then the city can place the street up to your property. In Shoreview, a property owner owns the land to the edge of the road currently. That will be your situation. If the city attempts to put the road on your property, then it is a taking and you are protected by the US and Minnesota Constitutions and entitled to compensation. If Shoreview puts it next to your property, I do not see that you are entitled to compensation since it would be the same as many subdivisions in Shoreview in which the property owner owns the land up to the edge of the street.

I agree with Flagbridge's advice in many regards. You should request a written contract protecting your prior setback. In one answer Flagbridge suggested that you speak with a MN property or real estate lawyer. I suggest that as well. The real estate lawyer may have experience with these issues of "near condemnation" or "constructive condemnation" in Shoreview and may be able to provide useful information and guidance based upon similar situations in Shoreview or neighboring suburbs. You can find property lawyers by searching: "St. Paul property/real estate lawyer/attorney". That search will give you a number of property law firms in St. Paul. Negotiate with them on fees and find the best one for you in Shoreview. Please let me know if you have more questions.

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Thank you very much for your assistance.

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