Will this turn into a problem?????

That is called an easement.

As for whether you have to sign or not, that depends on how cozy your are with your zoning board and state laws.

Personally, I never give anything I own away. And I definitely never give anybody else carte blanche to come across my property with an easement.

Hate to say it, but you are going to need a lawyer. Only a local JD will be able to tell you what kind of rights you have in this situation.

Odds are, you are going to have to allow the easement. It is generally against the law to “block development” by owning land in a specific place. But that doesn’t mean that you have to roll over and give it away for free. You are allowed un the Constitution to get fair value for your land, time, and aggravation.

This is what I would have my lawyer ask for. 1) a 30-year land lease, never a sale of the easement. After 30 years, the land returns to your ownership. $100 a year is a reasonable lease fee. 2) a shut-off valve at both ends of your property line, “to prevent contamination” of your land in case of a problem with the system. 3) They must file a plan with you on exactly where the line will cross your property, and put money up-front for repairing fences, resodding, and tree and landscape damage. Depending on where the line crosses, this could be a substantial sum.

Asking for this might get you a court case, but you are within your legal rights. You can easily hold up development of an adjoining parcel for years with a court case. Typically, developers will simply pay you off instead of fighting in the court system.

 

Someone else just asked this question not long ago. You might find some answers on that thread..............
http://www.homesteadingtoday.com/showthread.php?t=35087&highlight=city+water

 

You need to extract from them any and all concessions that are within your legal rights. If you, donot , make them aware that you are a knowledgeable landowner they will just let you suffer from your own ignorance , i.e. they Will not offer any concession(s) in return for signature on the contract. IF, you own any Mineral Rights under your properety.......make sure that these rights DONOT transfer over to the water company under the easement. Personally , I would not allow them to dig close to my home. Make them moveout a hundred feet or so. ANY easement that is that close to your home will surely reduce the market value by some amount. There are alot considerations here other than just the physical location of the pipeline. Consulting a knowledgeable attorney would seem to be a given here otherwise you could get the short end of the stick. Good luck , ........fordy

 

I agree with Sedition, don’t just let them have it for nothing. Exactly who is it that is trying to get you to sign this? Is it a private party, developer, water department, or a government agency? If it is a developer or private party, they are most likely trying to pull a fast one to get something for nothing. A water department or governing public works department could just be following protocol. If you refuse to sign and release your property and it does go to court that is what is called an emanate domain action. Where the other party most prove it is in the best interest of the people (meaning the majority) to install this waterline across you property and that there is nowhere else it can go. Emanate domain is there for the betterment of the people, not to allow someone to just take what they want so use the system don’t let them abuse it.

I just wrote some descriptions for an easement for a sewer line for one of the local counties. I could not believe what some of the landowners allowed the county to do. In many cases, the sewer line bisected their land at an angle and the county is restricting the use of the land from now on. So make sure if it does become an emanate domain issue that it is in everyone’s best interest.

 

You probably won't be able to dictate the terms of the easement - ie. insist on a land lease, etc. But depending upon the eminent domain laws of your state, I don't think you don't have to except their offer of $1. Most states have laws that say easements, right-of-way, etc. must be conveyed at market value. Here in Texas, for example, underground utility easements are valued and conveyed at a rate typically between 50% and 90% of the contributory value of the land subject to the easement area. For instance, if the land is worth $5,000 per acre, and they want 1 acre, they will have to pay the owner between $2500 and $4500 for the easement rights. The property owner retains fee title to the land. Of course, you won't be able to build over the easement, but can typically use it as open space, landscaping, limited cultivation uses, etc. I have no idea where you are, or what the laws and customs in your location dictate, but it sounds as if you are getting low-balled in their offer. A quick phone call to a local lawyer or appraiser familiar with eminent domain will be well worth it.

 

If it's a public utility, local water district, co-op, etc. they can probably get a right of way from you, at no cost...all for the public good, with powers of eminent domain. You should be able to talk to the engineer and find out where they want the water line, explain what you want, and work it out. It's never a bad thing having community water on the border of your property. Think of it as insurance for yourself in case of well troubles, and a good selling point in case you ever decide to sell.

If it's a private, for profit group, you have some bargaining points. I have public utilities crossing my place, and I'm "S.O.L." as far as any kind of rights. I have Private r.o.w.'s and I extract payments every time they disturb a blade of grass. This summer, I got $7500, or $6/ft. for a temporary easement. They used an existing road for a month, intermittently since, and it looks like the terms of the easement will kick in soon, if they abandon the gas well they were working on, they lose the temp. easement forever.

I seriously doubt whether they can force you to abandon your well, and make you start using the community water. I would insist on in the future, should you decide to hook up to the water (you never can tell???) that you be allowed to hook up for free, with a free meter, in exchange for them crossing your land.

Talk to neighbors, see what the overall situation is...may not be worth talking to an attorney, if there putting in a region wide water system. Just try and tie down the exact area the line would be installed. Usually, they want it close to the main road. Good luck.

 

Sorry, but this information is incorrect. Public utilities, water districts, cities, counties, states and even the federal government must PAY for easements at fair market value, unless there is an equal benefit or increase in market value to the affected property. And enhancement is VERY hard to prove and usually not bothered with by the typical appraiser valuing the easements.

In addition to purchasing the easement at market value, the utility co., condemning authority, etc. must also pay for any damages to the remainder after the taking. For example, if the easement bisects your property in a way that makes typical development impossible or prohibitive, or takes valuable landscaping, fencing, etc., the land owner must be compensated for damages or dimunition in value to the remaining property.

 

We had a utility company ask for a similar easement to a pasture of ours. They wanted to have access at any time (so much for fencing in the pasture). They would have the right to cut down any trees in the easement without our say. They would have the right to dig at any time in the easement without prior warning. etc. etc. We said no. They found another way to get around us. Never heard back from them since.

 

You can fence it, but you would have to put in gates.

 

Yes, that is true. But they also wanted to have the animals (cattle) out of the area when they come...they seemed to be afraid of an animal attack on their employees. I was concerned about them closing things back up when they entered and left as well. Either way my recommendation is to avoid it if possible...and if you can't to probably consult an attorney.

 

I have not posted here before, but since this happened to me, I will just add my 2 cents. We were given a similar contract offering one dollar, and a free hookup to the rural water, which I did not want. The area they wanted had all of my best trees (mature) and I said no way. There was nothing across the road from em, so I told them to go that way. They came inperson to try to persuade me, but I finally convinced them to go across the road. You are not required to give them easement without compensation unless you just feel generous. The free hookup would have compensated me fairly well, but I was not interested. Don't given in to pressure tactics unless you are not given any other alternative by a court.

 

Don't do it. Seek legal help. My BIL let the !@#$%^& put in water for the "community good". 121 days afterward he received a letter telling him that he would either "hook" into the system via the "FREE" hook up offered him OR ELSE. The town started sending water bills based on Expected usage. They have had trucks and equipment crossing his property at all hours of the night. Disrupting his animals and children. All in all it was a bad outcome.

 

"The town started sending water bills based on Expected usage."

This type of thing was mentioned a few times on this thread but what can they really do to you? Can they really charge you for a service that you don't use? And even if they can what are the actual consequences of not paying them? Its not like they can turn off a utility that you don't even have hooked up to your house. Maybe I'm getting confused between the utility companies and the city, township, whatever. I've always lived in a city so this is an issue about which I'm ignorant.

Just Wondering,
L.Z.

 

same happening to me.... youll drink the state ware and pay for it and like it. or youll lnever get a moments rest.
give an inch they will take 2 miles... they offer 1 buck, you counter offer 25,000 bucks.
make em sweat.

 

Now no one hollar at me or be mean to me please......
As the mayor of this town we have recently put in some lines. Our engineers first drew up some blueprints where the lines would go thru the homeowners back yards. We asked him to look at going out of the yards into the edge ofthe peoples fields.... then the city (me and our main employee) went to get the people to sign the easements. Most did because it benifited them and they was glad to.. There was a couple that didnt want to.. .we talked to them and they did but we had to give them fair market value for there property that we used.

If you do I would reconmend to do as we did Take Pictures before they start.. Take pictures during.. then take pictures afterwards.. Make sure that in the contract It says that they will restore the yard, pasture, road, whatever as it was before they started. If they want to change things during and you agree then get that also in writing and take pictures.

We used Contractors and we are holding 10% of there money till all is happy with what is done...

So I believe they will have to have your land appraised and give you fair market value.. I would check out the appraiser to find out if they work for the Water people or if they are indipentant. Get there name and check them out if your not happy and want to hire your own.

dale