Is the the City Liable for any Damage to my Property Due to a Pipeline Easement?

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“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.

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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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Author: House Attorney

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