City Water rant

[Zack]

I recently got a letter from a private company wanting me to sign over a 20' easement of my property to bring city water to my area. No real description of how or where anything is to actually run. Just sign here sort of thing. We could be talking about 1500' of frontage but not sue yet.
Then last week a guy comes out to ask me about it, I told him that I honestly couldn’t see a reason to do it but if My neighbors wanted it I would let it pass through but I wanted a fire hydrant and was told I would have to pay 1000.00 for it and pay a monthly fee. And that wether I signed the easement agreement or not they will run it anyway through the ditches .
Then why do they want an easement?

This guy was kind of a jerk

I’m not one to stand in the way of progress typically but this sounds like a raw deal, use my property so a Private entity can profit from it and not pay me a dime. And the more I find out about it is starting to sound like a government scam so some locals can milk salaries. And some other benefits I’m sure, from something no one seems to want.
I also had just read of the city having to take over one of these private water companies that went under at a substantial cost to the tax payers.
They will also value my property higher which in my case is a negative due to higher taxes on property that I do not intend to sell or barrow against
They will be installing a well out in my area somewhere that for all I know may effect the water table.

Probably nothing I can do about any of this in the end they will get their way. It is just the more I think about it the more P.O.ed I get. Like I don’t have enough to do, now I got to watch what these jerks are up too.

Maybe I’m all worked up about nothing but something don’t seem right to me.

Oh well
Suggestions welcome

Rant mode off

First thing to do is talk to your local government office, if you haven't already, to find out if this is happening soon, and if this person is a con artist trying to get people to sign away their legal rights. Do you know why they want to run the water line? Is there a school going in down the way?

Also, you may want to get together with your neighbors and find out how they really feel.

[Terri]

Everyone has a boss, and so does this guy. Why don't you call the company as well as the appropriate govenment office to find out what is really going on?

From what you have said of this guy, he cannot answer even a simple question and make sense, but somebody can.

[RANDEL]

my guess is, if they want to run this line thru an existing utility easment u probably cannot stop it. check your deed. it should specify where the easments r. if it doesn't do that, it might contain a reference to "easments of record" which means there is a recorded easment on file wherever your deed is recorded (presumably the county courthouse.) when land is divided there is usually a utility easment along one or more of the property lines.

but there might not be. if there is no recorded easment to be found anywhere, or if the easment is not where they r wanting to put the water line, then they shouldn't be able to force u. unless they r in cahoots with the government, maybe.

it seems to me if there WAS an easment where they needed one, they wouldn't be asking. if u choose to grant an easment, there is no reason why u shouldn't be compensated as to some extent u would be giving up a certain amount of control over the land in question. be sure to get the compensation worked out and at least in writing (if not actually paid) before u grant the easment. and remember, if u do grant an easment (or if there is one in place) not only is the utility entitled to run their line or whatever, but u can't do anything that would interfere with their reasonable access to the line for maintenance, etc. example: u can't let trees grow up and interfere with a power line. example: u can't pour concrete over their water line. example: u can fence out to the edge of your property (easment contained behind the fence) but u have to allow them access.

i'm not by any means an attorney, but have read a book or two on real estate law. u might read up on it too.there r also some legal info websites where they actually tell u things for free. nolo.com is one.

good luck with this.

[Zack]

Yep you guys are right I need check into this but I am only there about every 10 days or so.
I work some 300 miles away

The plan so far is I ain’t signing nothing.
I need to get some background on this guy I talked to since he in no way indicated being in the employ of this water company. What is his stake in this? And I just want to know who he is.
Then I have to go to the county and see if there is a plan for this system of some kind.
Best I can tell they are located in different county than I am.
I need to find out the names behind it to see how much trouble they can cause me.

As far as I know there are no schools or industries other than a new commercial poultry farm going in next door soon. But this water thing was started before that fellow decided to get into the chicken biz.
We are about 10 miles outside of the nearest city limits.

[quietstar]

Howdy Zack...My guess is that this may be one of those USDA rural development water systems. They have gone in all over Texas and are run by a board elected by water users. They are reported to be non profit and create development by allowing smaller homesites. Only you know how you feel about that. Call the USDA office in your county seat and they can confirm if it is their project. Glen

[tkrabec]

if there is no easment sell them the rights to use the easment for water and in return they provide you with a firehydrant and cover the monthly bills for x years.

-- tim

[fordy]

...............That commercial chicken(crap) farm may have some kind of need for a commercial quantity of water and may have hired leasing agents who are pretending to be working for a water supply company and are trying to secure a right of way for their own personal\business supply line without alerting the folks that they share a contiguous property line with. Once you sign your "John Henry" on the dotted line you've lost ALL your bargaining Power.......fordy..

[mikell]

If your well runs dry it won't matter you will HAVE to hook up to the water anyway and plug your well. You lose ,you lose, you lose.

mikell

Well, if something big like that is going in near you, they're the ones pushing for it, and once it goes in, you will be forced to connect one way or another--in the city's mind it is wasteful to run water (and sewer, just wait) lines to just one customer. So, eventually you will be sent a bill to connect, and if you don't, they will either condemn your well and/or will send you a monthly bill to pay anyway--at that point, you may as well hook up because they will then put a lien on the property if you don't pay.

You and your neighbors might want to band together to see if you can work out a compromise where if the easements are granted, your water/sewer is free as long as you own the property (which could be years or 6 months for all we know--I think nationally people move an average of every 5 years). Don't wait, act now.