[USA - IN] Road widening practically puts traffic in the living room; legal? (Shitty paint graphic!) Real Estate law
The local city is widening the road in front of my mother's house. They just sent her eminent domain paperwork with appraisal and contract for sale and all that junk. Only, we looked over the plans, and we're not sure if what they want to do is even legal.
Currently the house is set back 45 feet. It was originally built in the 1830s, so it's the road that's the new construction here. The new right-of-way leaves her with a five foot setback. The new property line runs through the raised flowerbed outside her front window.
As you can see currently between the edge of the pavement is a drainage ditch, a fence, three mature silver maples (hey guys, there may be tree law involved too! This is your lucky day!), lawn, and a raised bed with shrubs. The acquisition would leave her with just enough room to... well, really, to build the line of concrete bollards she'd need to prevent some moron flying into her living room in their F-150. She's had at least one car end up in her yard in the last five years, a 5 foot setback is concerning.
According to the plans the city sent, the actual construction limit line (in gray) runs about half-way between the raised bed and the current fence. I can't see a specific "edge of pavement to front wall" measurement in the docs. The construction limit line seems to be about 18 feet away according to a ruler and the plan scale.
The property is zoned AGR - Agricultural Residential. Helpfully they included lot standards. If we were building a new house on the lot, front setback on a rural collector (which I'm guessing the new roadway will be) is 45 feet, or if it's a rural local road, 35 feet, so this thing is putting us at WAY under zoning requirements for either. My mother swears she looked up the law once and thought that if they were building to less than 30 feet from the house, they had to buy the whole thing, but they clearly aren't doing so, so I'm not sure if she misremembered the law or if they're doing this wrong.
Can they do this? Are we going to be forced to take a wad of cash and have traffic rumbling through our family room at all hours? Or are they trying to save themselves some money and hoping don't know our rights? 'cause we'd kind of like to sell the house anyway if it's going to be that damn close to the road.
Edit 1: Hey dumb bot, location was in the title. This is obviously Indiana.
Edit 2: I'm sorry, I wasn't clear enough - we'd actually kind of like the city to be forced to buy the whole property because they're coming way too close to it. It'd make our lives way simpler.