roadhunter
Elite Member
All my experience in similar situations dealt with corps of engineers. They typically have a flowage easement around lakes and streams.
City / water control guy want my land
- Thread starter chucko
- Start date
- Views: 13104
fishheadbob
Platinum Member
- Joined
- Aug 5, 2014
- Messages
- 650
- Location
- western ny
- Tractor
- New holland boomer 40 NH 3930 Deere 2320
Before you enrich a lawyer look at your property survey to see how much you own; that is, where are your property lines ? If they are flooding land that isn't yours you don't have many rights even though you may have used the land (illegally ?) for years. No survey ? Read your deed for the property description. Somewhere it will say in legalese something like 200 feet or whatever deep by 300 feet wide. Measure it off and see whose land you're talking about. It isn't uncommon for folks to use land near their house that they don't have legal title to who later find out that their barn or shed is actually on land owned by the power company, the town, or the long departed widow Smith.
There is a seldom upheld common law called adverse possession but you stand a better chance of winning the lottery than an adverse possession claim. Good luck.
There is a seldom upheld common law called adverse possession but you stand a better chance of winning the lottery than an adverse possession claim. Good luck.
Last edited:
Streetcar
Veteran Member
In most states, there is no adverse procession of government land
davrow
Veteran Member
"You can't fight city hall". Government has all the power - you basically have nothing on your side. If they decide to act, they will.
Get a lawyer. You won't win, but you might get some compensation.
Get a lawyer. You won't win, but you might get some compensation.
There is a very big oak tree and others on the bank. They don't grow in water There is a creek out of the lake. It could never of stayed much higher than the creek would let it House was built in 1917. Moved here in 1971 I think I have their attention will update you after next meeting with them
And 194 feet at the road side from the property stake on the other side means were they want their little dam in mine land. I can't own the creak but they can't just build
And 194 feet at the road side from the property stake on the other side means were they want their little dam in mine land. I can't own the creak but they can't just build
vtsnowedin
Elite Member
Check out where you are on the latest FEMA FIRM map. If that map places you in a high risk zone you are screwed. There is a lot to that but for starters anybody wanting to buy your property with a loan from a bank will have to keep it fully covered for flood insurance for the full period of the loan. The catch is that the Feds are getting out of the subsidized flood insurance business and your rates will soon cost you thousands per year. If your in a VE zone send the bank the keys and walk away.
Go to the Court House and get a copy of all documents on file for your property, deed, flood zone map, easements, lake location and impounded area, stream location. Then find a reputable attorney if you feel that are trying to take your property. Something else to consider, if the City is talking damming a creek in a water shed area was a environmental study done to access impact damage that will be caused by increasing the water height?
Florida and other southern states are searching for water sources. They have been watching the 14 year drought impacting Lake Mead at the Hoover Dam and the lack of water in California. They cannot wait until current water supply sources are compromised, they must start planning and acting now.
I was also surprised your septic system was compromised. Most water shed areas require either city/county sewer service or a Sequencing Batch Reactor Septic Systems. Installing a Sequencing Batch Reactor Septic Systems is expensive. Depending on your water source, well or city/county service you may not have enough land mass area to install a field line septic system.
Florida and other southern states are searching for water sources. They have been watching the 14 year drought impacting Lake Mead at the Hoover Dam and the lack of water in California. They cannot wait until current water supply sources are compromised, they must start planning and acting now.
I was also surprised your septic system was compromised. Most water shed areas require either city/county sewer service or a Sequencing Batch Reactor Septic Systems. Installing a Sequencing Batch Reactor Septic Systems is expensive. Depending on your water source, well or city/county service you may not have enough land mass area to install a field line septic system.
Last edited:
Tompet
Platinum Member
- Joined
- Oct 6, 2004
- Messages
- 765
- Location
- Ohio
- Tractor
- Ferguson TO 20, Kubota B3300, BH77, Massey Ferguson 1540
Re: City / water control guy want my landl
I don't know about other states, but in Ohio a water district has pretty much full legal power that supersedes any local government. There is now an attempt to start one in my area with a combination of two cities and one township. Once some local officials are on board the fear mongering starts, the local court is petitioned and two judges create the district and invest the powers to the district. And that is it. Then a small fee is added to your property taxes.
All sounds benign until you see the political players. The civil engineer representing a large firm is traveling around the state putting on a show for small towns and cities is nothing more than a salesman. Then the large law firm is tied to local judges, and the local papers are tied right in to the promotion, etc. And that small assessment raises millions for studies and legal questions and round and round we go!
This gained momentum in my area because two years ago there was a 100 year flood in one wetland area which unfortunately has been encroached on by building some businesses in the small local flood plain. It was cheap land for some politically connected people. Even the engineer putting on the presentation stated all flooding would not be mitigated and would take years to implement. But since only a few people heard the presentation the general public is presented an overnight miracle will occur with the creation of the district.
One detail is that small fee on each property owner I mentioned is only for the millions needed for the study, legal fees, etc., not the construction of whatever is cooked up. I will give the presenter credit when he said if you want immediate relief it would be better for the community to take advantage of existing government funds for flood mitigation. Bit guess what, our town did have 900k two years ago for immediate help to those same local businesses but they did not want to kick in their 100k share so the funds were lost. Instead we are on a different path promoted by the few.
Sorry for the rant, but starting in 2009 I got involved in some local politics on a whole other issue regarding sewers which is even a longer and more troubling story. We did get a couple new councilmen elected, but that is not enough. Like I said round and round we go and I need to get off this merry go round.
I don't know about other states, but in Ohio a water district has pretty much full legal power that supersedes any local government. There is now an attempt to start one in my area with a combination of two cities and one township. Once some local officials are on board the fear mongering starts, the local court is petitioned and two judges create the district and invest the powers to the district. And that is it. Then a small fee is added to your property taxes.
All sounds benign until you see the political players. The civil engineer representing a large firm is traveling around the state putting on a show for small towns and cities is nothing more than a salesman. Then the large law firm is tied to local judges, and the local papers are tied right in to the promotion, etc. And that small assessment raises millions for studies and legal questions and round and round we go!
This gained momentum in my area because two years ago there was a 100 year flood in one wetland area which unfortunately has been encroached on by building some businesses in the small local flood plain. It was cheap land for some politically connected people. Even the engineer putting on the presentation stated all flooding would not be mitigated and would take years to implement. But since only a few people heard the presentation the general public is presented an overnight miracle will occur with the creation of the district.
One detail is that small fee on each property owner I mentioned is only for the millions needed for the study, legal fees, etc., not the construction of whatever is cooked up. I will give the presenter credit when he said if you want immediate relief it would be better for the community to take advantage of existing government funds for flood mitigation. Bit guess what, our town did have 900k two years ago for immediate help to those same local businesses but they did not want to kick in their 100k share so the funds were lost. Instead we are on a different path promoted by the few.
Sorry for the rant, but starting in 2009 I got involved in some local politics on a whole other issue regarding sewers which is even a longer and more troubling story. We did get a couple new councilmen elected, but that is not enough. Like I said round and round we go and I need to get off this merry go round.
square1
Veteran Member
This is exactly why the OP does not want to lawyer up as some are suggesting. There is no way the land in question is worth what a lawyer will charge to attempt to save it (key word: attempt). I wonder how many suggesting legal action have ever footed the bill for that advice, not many I expect.
