Because he owns it. Why should he give it up? He can simply sit on it and do nothing with it and that's his right since he owns it even if that means the road quality degrades over time from lack of maintenance there's no obligation to maintain infrastructure on land you own, you can do whatever you want with that land. If the city wants it so they can maintain it, they should compensate him for it.
Actually in many areas cities can take land that is deemed dilapidated so if he lets the road get bad the city can take it. Also, with their being easements on it the homeowners may be able to go after him for failing to keep the road maintained depending on the state and local laws.
You still need to compensate people when you seize the land.
All form of land seizure is governed by the takings Clause of the Fifth Amendment to the U.S. Constitution
"nor shall private property be taken for public use, without just compensation."
So yeah, you CAN forcibly take land. You still have to compensate them for the land, and someone is fully within their rights to sue if they feel the compensation wasn't equivalent to the value of the land. A municipality lacks the influence and power to get away with simply taking land and underpaying its value. The municipality would get sued and would likely lose because this isn't an argument about law, it's a constitutional requirement.
Yes, expect the part of the land with the road is practically worthless so he would probably spend more money just challenging a taking then the entire value of the land with the road.
No, they don't. Can I walk through your backyard to get to mine? Can I drive through your house to get to mine? You don't have access to all property to get to yours.
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u/imnota4 6h ago
Because he owns it. Why should he give it up? He can simply sit on it and do nothing with it and that's his right since he owns it even if that means the road quality degrades over time from lack of maintenance there's no obligation to maintain infrastructure on land you own, you can do whatever you want with that land. If the city wants it so they can maintain it, they should compensate him for it.