A Navy veteran was forced to file a lawsuit after the council tried to take his land away

Forget property rights, because one US council recently tried to grab half of a homeowner’s front yard — for free — as the price for a backyard addition.

But for Chad Trausch, the owner of the US, this is not a myth; it’s a grim reality that has fueled a fierce battle against what can only be described as scarcity.

Trausch’s nightmare began with a simple dream: the expansion of his growing family’s backyard.

Since the baby was on the way, he and his wife planned to accommodate his parents, who would help him take care of the children.

What should have been a routine application for a building permit quickly became embroiled in a bitter dispute with the Miami city council.

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Their fate? He must legally dedicate 45 sqm of his front building for public use – and pay for the title transfer himself – or his building permit will be denied.

The unusual situation would give the council unlimited access to Trausch’s private land for future public infrastructure such as footpaths, road widening, or utilities, all without a cent of compensation.

“They said in no uncertain terms, if you don’t leave the land, you don’t get your permit,” a confused Trausch told Realtor.com.

Importantly, this is not a case of eminent domain, where governments acquire private land for public benefit at fair market value.

Here, there was no offer to pay, no formal purchase process – a negotiable requirement attached to a standard building permit.

Trausch’s refusal to rule has stalled his renovations, racking up thousands of dollars in unexpected costs.

His subsequent investigation, supported by the legal advocacy group the Institute for Justice, revealed that it was far from an isolated incident.

The land acquisition will see 45 sqm of Mr Trausch’s front yard disappear. Source: Center for Justice.

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The new lawsuit alleges that the council is pressuring residents to give up the public’s right to access their land on the basis of permits, often without a tangible public use plan or any form of payment.

The council’s reasons for this conflicting demand are centered on the alleged need to expand the right of way in the future.

Miami zoning code mandates 7.6 feet from the center of the street. Suranjan Sen, a lawyer for the Institute for Justice, explained that although this 7.6-meter radius coincides with the edge of the Trausch yard, the setback line of the building extends further, creating a 3-meter buffer where construction is not allowed, but the land remains unequivocally private.

The city was doing this because it wants to put the land in the bank so that the roads can be widened in the future. As it is, IJ has been able to identify 66 streets with more than 1,000 houses at risk in this process. Source: Center for Justice.

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Sen is adamant that even though Trausch cannot build within this retroactive zone, his patent rights remain intact.

“Chad owns it. He can get people out of it. He can have his fence there, but he’s not allowed to build there,” he told Realtor.com.

A Navy veteran, Trausch chose to fight, defending himself in court for more than a year.

A protracted legal battle has seen his renovations balloon to an estimated $297,978 (US$200,000) due to rising construction costs.

The personal toll became overwhelming, forcing his wife and newborn baby to temporarily relocate for childcare, leaving Trausch to manage his job, house, and ongoing case alone.

“It really hurt our family,” he lamented.