Forget property rights, because one US council just tried to seize half a homeowner’s front yard – for free – as the price for a simple backyard extension.
But for Chad Trausch, a US homeowner, this isn’t fiction; it’s the outrageous reality that’s sparked a furious fight against what can only be described as blackmail.
Trausch’s nightmare began with a simple dream: a modest backyard extension for his growing family.
With a baby on the way, he and his wife planned to accommodate her parents, who were moving in to help with childcare.
What should have been a routine building permit application quickly spiralled into an outrageous confrontation with the Miami city council.
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Their ultimatum? Legally dedicate a 45 sqm strip of his front property for public use – and pay for the deed transfer himself – or his building permit would be denied.
The extraordinary condition would grant the council unfettered access to Trausch’s private land for future public infrastructure like footpaths, road widening, or utilities, all without a single cent of compensation.
The highlighted area shows the portion of the family’s front yard the city requested as a condition of issuing a building permit. Source: Institute for Justice.
“They said in no uncertain terms, if you don’t give up this land, you don’t get your permit,” a bewildered Trausch told Realtor.com.
Crucially, this is not a case of eminent domain, where governments acquire private land for public benefit with fair market value.
Here, there was no offer of payment, no formal acquisition process – merely a non-negotiable prerequisite attached to a standard building permit.
Trausch’s refusal to capitulate has brought his renovation to a grinding halt, accumulating thousands of dollars in unforeseen costs.
His subsequent investigation, supported by legal advocacy group the Institute for Justice, revealed he is far from an isolated incident.
The land-grab would see 45 sqm of Mr Trausch’s front yard disappear. Source: Institute for Justice.
A new lawsuit alleges the council is systematically pressuring residents to cede public right of way to their land through permit conditions, often without a concrete public use plan or any form of payment.
The council’s justification for this contentious demand centres on a purported need for future right-of-way expansion.
Miami’s local code mandates a 7.6 metre public right of way from the centre of the street. Suranjan Sen, an attorney with the Institute for Justice, explained that while this 7.6 metre radius aligns closely with the edge of the Trausch’s’ front yard, the building setback line extends further, creating a 3 metre buffer where construction is prohibited, yet the land remains unequivocally private.
The city has been doing this because they want to bank the land to eventually widen roads at some point in the future. As it currently stands, IJ has been able to identify 66 streets with more than 1,000 houses at threat to this scheme. Source: Institute for Justice.
Sen firmly asserts that while Trausch cannot build within this setback area, his ownership rights remain intact.
“Chad owns it. He can exclude people from it. He can have his fence there, but he’s just not allowed to build right up there,” he told Realtor.com.
A navy veteran, Trausch chose to fight, representing himself in court for over a year.
The protracted legal battle has seen his renovation budget balloon by an estimated $297,978 (US$200,000) due to escalating construction costs.
The personal toll has been immense, forcing his wife and newborn to temporarily relocate interstate for childcare support, leaving Trausch to manage his job, the house, and the ongoing lawsuit alone.
“It’s really hurt our family,” he lamented.
English (US) · 