Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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?”
Question: 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.
