they want an easement on my property for sewer - BMW Luxury Touring Community
 
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post #1 of 9 Old Mar 19th, 2008, 12:16 pm Thread Starter
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they want an easement on my property for sewer

I live in what used to be rural country. Until they started buildng huge neighborhoods around us. I am on septic system. The county wants an easement thru my property 25 foot wide and will stretch about 3/4 an acre. they will be taking out 5 - 80 foot trees. they also want me to give my neighbor a "privacy easement" to tap in. All they are offering so far is to waive the $2500 tap in fee. I still have to hire a plumber to tap me in for another $2200. It seems like I should be compensated in some way, since where they are going thru is the only flat level ground on my property and it will then become un-buildable. has anyone else gone thru this and what options do I have for any compensation?
Thanks all,
Just living in the country trying to mind my own business. CRAP!

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post #2 of 9 Old Mar 19th, 2008, 12:24 pm
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Re: they want an easement on my property for sewer

well........get what you can .....but...............
The City has "Eminant Domain" and can just take it.
It's a problem when rural areas become overbuilt and septic tanks and wells are no longer safe.....................DEQ gets involved also..
I think your best shot is "I'm just a citizen who wants to be fairly compensated for my loss." Present your case at the next City Council meeting....................................
can you sell the trees they want to take to a private outfit and pocket the money ?

Allan..Illinois, Oregon, Arkansas, and tomorrow the Universe
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post #3 of 9 Old Mar 19th, 2008, 12:40 pm
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Re: they want an easement on my property for sewer

Since you are in the initial stages of the project, you can appeal to them to move the easement to the nearest property line, therefore taking 12 feet on each lot.

You can also request monetary damages to your property value since they are making a portion of the property undevelopable. You will need apprasals.

Get a free initial meeting with a property lawyer. Bring a plot map and a map showing their proposal and yours. He'll let you know how your chances are, with and without his assistance. At least that's what the one I saw did. I ended up not using him, and sucessfully negotiated my property line ajustment which took 30 ft for 320 feet from the property next to mine through adverse possession.

Vince Weidig
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post #4 of 9 Old Mar 19th, 2008, 1:21 pm
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Re: they want an easement on my property for sewer

Trees are worth about $1000 for each inch of trunk diameter measured 1 foot above the ground... right? Not to mention the fact you won't be able to sell any of that property or put any "improvements" on it... sounds like a ripoff.

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post #5 of 9 Old Mar 19th, 2008, 2:25 pm
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Re: they want an easement on my property for sewer

I wish the best for you. I "gave" them an easement for sewer across the street side of my property. I then tried to subdivide my 5 acres into 3 parcels. They wanted to charge me 43,000 dollars for 3 sewer hook ups. Plus engineering fees(county and sewer engineer) all this without the cost of the sewer pipes and labor involved. I received nil,nada, nothing for them taking the front 20 feet across the front 500+ feet of my property.

Brian Ley
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USA where everything is illegal
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post #6 of 9 Old Mar 19th, 2008, 3:31 pm
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Re: they want an easement on my property for sewer

Had a neighbor many years ago that refuse to allow an easement. She hired a good lawyer and won. At the time, folks thought she was crazy but now its the neighbor who allowed it who's property value is greatly reduced because of building codes not allowing construction with in xxx feet of utilities. Looking back at it, that was money well spent on her part.

B D R
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post #7 of 9 Old Mar 19th, 2008, 3:48 pm
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Re: they want an easement on my property for sewer

Check your state's "Eminent Domain" Law . Here in New York if they take it by Eminent Domain it must be appraised , that value must be paid to you for the easement. First talk to them about your concern and see if you can come up with a common settlement.
Mike
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post #8 of 9 Old Mar 19th, 2008, 4:37 pm
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Re: they want an easement on my property for sewer

Fight like a badger - once that land is gone, it's gone forever.
Offer to sell them the land at fair markey value (in writing) and then use their refusal in court to establish the framework for a cost assessment (at their expense) as well as the Engineering fees associated with subdividing your land and re-zoning it.
Create enough cost that either you become un-attractive to them, or you are actually compensated what it's going to cost you - since you'll probably want to move out of there fairly soon anyway once your quality of life has been affected by all the additional people nearby. JMTCW.

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post #9 of 9 Old Mar 19th, 2008, 7:21 pm
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Re: they want an easement on my property for sewer

Don't take their first offer... Here in CA my wife's uncle had a couple hundred prime acres of land. The county wanted a bunch if it for a new middle school, and offered him way below market value. He got an attorney.

Their second offer was to give him a little more money, and name the school after him!

He wanted money, if they were taking his land, and not a school named after him. He stuck to his guns, and ended getting an 'OK' deal. It actually did drive down the value of his remaining acreage, because of a school being right there...

Brian
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