Hey guys! It's been a while since my last post but I thought this one was worth discussing.
I have a platted piece of property here in Texas that fronts a state highway. There was a 30-foot building line along the frontage according to the plat of record. The state just bought a strip 27 feet in width along the frontage. The zoning report shows there is a required setback of 25 feet. Does the 30-foot building line move?
FWIW, the building is well beyond the setback regardless of the outcome.
I'd check first the city/county ordinances if there's any mention of these cases. If 25 feet is the rule I believe it's 25 ft from the newly acquired ROW. 25 ft seems to be pretty low for a state highway frontage, though.
@surv3251 per zoning it'd most likely be 25' from the contemporaneous right-of-way line, but by plat the line is fixed in its location relative to the right-of-way shown on the recorded plat. WELL... unless it wasn't shown graphically and instead was noted as something along the lines of "building shall be located no closer than twenty-five feet from any street right-of-way line at the time of construction" or whatever. in other words- it would need to explicitly say the line moves if the r.o.w. line moves. otherwise it's fixed on the location BECAUSE it is tied to the right-of-way as indicated on the plat at the time of recording. which is a weird way of saying it doesn't matter if the right-of-way line moves, the setback is NOT dependent upon any changes in right-of-way.
also, there's the issue of existing vs. new construction- there isn't a jurisdiction or a title company i've ever run across who'd flag an existing structure built to setbacks and/or CCRs that have subsequently changed. now, if the owner wants to go adding on or tearing down, then that's a whole different ballgame.
@surv3251
also, setbacks per plat and/or CCR are an entirely different issue than zoning setbacks. city isn't in the job- nor do they want to be in the job- of enforcing setback provisions enumerated by and between private parties. now plat setbacks may be informed and/or dictated by municipal ordinance, but no city is going to go in and enforce a violation of a PLATTED setback. (if it's coincident to a zoning setback they'll enforce the zoning setback.)
and what part of the state are you in? 25 feet is a huge setback for a lot of TxDOT frontage in these parts.
If the building line (setback line?) is per plat only I think that it does not. The setback line per zoning does. Whether the state acquired fee title or just an easement may have a bearing.
NO.
Set backs are usually city building codes. If it's an existing building it's grandfather in, if it's new construction it has to be 25' back from the new R/W limit.
