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Eminent Domain problems
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Posted 11/29/2012 01:16 (#2722746 - in reply to #2722724)
Subject: Re: Eminent Domain problems

Lubbock, Texas
not a lawyer.....not sure I have ever stayed at a Holiday Inn Express

1. I would think the city can move to take property outside of the city limits in fact from reading online it sounds like they can in MO

here is an example, but not quite the same as it sounds like your issue is

2. if it was me and I was really upset about it there would be form boards out there tomorrow and concrete being poured the next day for the storage building

3. probably your best bet is to fight the eminent domain issue and THEN turn right around and fight the additional use as a bike/hiking trail and parking lot claiming this is not allowed for eminent domain cases the ONLY thing allowed is for the intended utility use period....that might require you to end up and try and claim the right to hold some of the property and allow them to take only what is strictly needed for the sewer line.....then of course you run the risk of holding property that has a line to the turd factory running through it....NOBODY wants that period....NOBODY....and a pressured one at that

4. if I was really angry over the deal I would have the local well driller out there tomorrow drilling a new "home well" as well......haha I am a dirty B like that.....or I would put in wells all around the piece in question and then claim the potential for contamination if a pressured line does break especially if it is not constantly monitored and regularly subjected to very expensive environmental testing

5. you could sell half the property to a relative and double the fight......just being flat mean....but hey...

at the end of the day unless I had an actual well nearby I would not be as concerned about the sewer line and I could probably be bribed to sell the piece of property for the right price for such use, but I would have no interest in a hike and bike trail and parking lot.....that just sounds like trespassers, thieves, perverts, and high school kids hanging around at all hours of the day and night trashing the place and your property and getting in the way and generally stealing you blind and subjecting you to all the downsides of a "public place" near your property

I would bring up things like parking cars and vibrations damaging the line and demand testing and "design" for such things and the weight of parked cars over the line and the safety of the public recreating over a high pressure line filled with hepatitis and other disease organisms and the potential for someone to damage the line on a motorized (even if unauthorized" vehicle or digging for gold with a metal detector or any of the other thousands of stupid things that the "public" does to trash and destroy public property and the high pressure line in the process

generally I would make the "fight" so unbearable they would be happy to just over pay for the sewer line property and provide a well crafted long term document that states the property is for the sole purpose of a single utility/sewer line and that should back them off from the bike trail BS because that sounds like a whole new court case to be beyond the sewer line and one much harder to win and much more expensive to plan and build after you bring up all the potential public health issues

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