Is the the City Liable for any Damage to my Property Due to a Pipeline Easement?
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Summary
City wants a pipeline easement across a small section of the backside of the property. Now heres the question - if I take their ca$h, and later after the work is done , water or gas line leaks show up, say in my yard, is the city liable? |
“City wants a pipeline easement across a small section of the backside of the property. Its to join a higher pressure line to a smaller pressure line to increase water pressure. The two lines could easily be connected under the street and I don’t want to give them an easement, because the trenching would come very close to existing water and gas lines.
So if they emminent domain it, I am entitled to a certain amount of money for the strip of land they want and what the loss of that land would effect the whole value of the property.
Now heres the question - if I take their ca$h, and later after the work is done , water or gas line leaks show up, say in my yard, is the city liable?”
Unfortunately, the answer is “it depends.” But it’s not like you have a choice: if a government body uses the power of eminent domain, you don’t get to decide whether to “take the cash” or not; the only argument is over how much cash.
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For more on this subject check out these categories: Property, Easements, Eminent Domain
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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.