City / water control guy want my land

   / City / water control guy want my land #1  

chucko

Veteran Member
Joined
Jan 12, 2004
Messages
1,512
Location
Polk Co , Fl
Tractor
bx1800
Have about 1.5 Ac with my house on a lake to the back
To the side is a creak that drains out of this small lake

They sandbagged the creak to see what raised levels would do
It made about 30 of my yard ankle deep. I call that a swamp. I removed their sandbags but now have a septic problem

They are talking about placing a concrete weir dam on the creak to bring lake to historic levels whatever that means. It has not been that high in over ten years
This will cost me land and the little dam dam will cost me trees and land They do not have and easement

They seem to not want to communicate with me in my thoughts so it is too late

They talked about fixing my septic by letting me hook up to city sewer. I told them they could do this if they pay and I have no monthly fees as they caused the problem
 
   / City / water control guy want my land #3  
sounds like you need a lawyer.
 
   / City / water control guy want my land #4  
sounds like you need a lawyer.

Agreeded. How old is your place? If you say "it hasn't been that high in ten years". In my area of Florida many lakes are dry or down 10-15 vertical feet from historic averages; and if you built at current water level, and it either raises on its own or water management where to attempt to raise the water you would be SOL.
 
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   / City / water control guy want my land #5  
something doesn't sound right. and more to the story. i would denied access / stop work, and have them pay up on cost to fix septic at there cost. (get a few bids) and have third party deal with issue.
 
   / City / water control guy want my land #6  
A lawyer would be good. You need to understand where you 'stand.'

I have no idea about FL, but here in Maine water-sheds used for drinking water supply are managed by water district commissions with very powerful laws on their side. They can legally dictate what does and does not happen within the water-shed--and once in a while they flex those legal muscles when needed.
 
   / City / water control guy want my land #7  
sounds like you need a lawyer.

That's my assessment also. I wouldn't mess around either. I would ask around and find someone who is versed on property/water rights and also is used to dealing with the city. You might get by with them writing a letter to the city letting them know up front that you are not waiving any of your rights nor are you relinquishing them. It's been my experience dealing with the city that they will take what they want and leave you holding the bag. They have been through the back of my property twice doing sewer work, and to make a long story short, I still have problems they left for me.

Don't forget, it will probably cost $3000 or $4000 to get you hooked up, depending. I doubt they pay for the backhoe, the pipe, fixtures, inspections, etc. unless you make them...not to mention that you will have to tap the main line.
 
   / City / water control guy want my land
  • Thread Starter
#8  
Agreeded. How old is your place? If you say "it hasn't been that high in ten years". In my area of Florida many lakes are dry or down 10-15 vertical feet from historic averages; and if you built at current water level, and it either raises on its own or water management where to attempt to raise the water you would be SOL.

Land has been there forever :)
House was built in 1917 and moved to where it is in 1971
There is a 3' round oak near the bank of I would say water has not been up that far in a 100 years or so
 
   / City / water control guy want my land #9  
Get a lawyer, raising the lake level would be easy for the state/federal government to do. I don't know how much authority a water district has though. In any case, if approval is granted to raise the water level of the lake, they would have to buy out your property at going rates for waterfront property.
 
   / City / water control guy want my land #10  
Before getting a lawyer, and I think you need a lawyer, I would go to the court house and see how far back in time you can get photos of the property. When the photo history runs out they should have maps that show the lot and water location. If you can't find what you need at the court house GIS and Deeds office, try your local library, they very well might have old maps of the area. The college I went too had maps going back to the 30s-40s. The maps were interesting because you could see the population growth into what was swamp land which was marked on the maps. The maps might not have the scale you need but it is worth a try if you cannot find other information.

Later,
Dan
 

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