Imminent domain?

I noticed a survey crew coming through the creek bottom behind the house. My creek bottom...........and I can't think of but one reason why. Sewer! I realize that there is nothing I can do about it But do these people do whatever they want without notifying property owners. Looks like it. And why should I provide the county egress for free. Funny how one never thinks about these things until it happens to oneself. This is 100 yards behind the house and I don't want to look at a sewer clean-out. Anyone been through this?

Actually if they are on your land. You do have say about it. You deserve an explanation of the intent of whoever ordered the survey.

Could be various reasons
I would have asked

Hooty Hoot said:

I noticed a survey crew coming through the creek bottom behind the house. My creek bottom...........and I can't think of but one reason why. Sewer! I realize that there is nothing I can do about it But do these people do whatever they want without notifying property owners. Looks like it. And why should I provide the county egress for free. Funny how one never thinks about these things until it happens to oneself. This is 100 yards behind the house and I don't want to look at a sewer clean-out. Anyone been through this?

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I went through a similar situation several years ago here in Tn. They surveyed for the sewer to go through my back yard, close to the back property line (I'm in a subdivision and my lot backs up to a farm). We all received a letter saying that they were going to take about 15' of our lots to facilitate the sewer going through.

I sent them a return letter and told them exactly how much they were going to have to PAY for that much of my lot (I figured the square footage they wanted and used my lot's value as a per sq ft price to them). They sent someone out to "discuss" it with me and he said "we never pay people for this". My answer? "You'll pay me or you won't get the land!"

Long story short; they sent a second letter and said they did not need that much land and could do the work on the back RIGHT OF WAY on my lot. If the work can be done by only using the ROW that's typically assigned to most home lots, then there's nothing I know of you can do to stop it. If they want to "take" more than that ROW assigned to the lot, you have the legal right to make them pay for it. At least that's the way I understand it and went about this type problem.

Any natural springs in that creek bottom? If so, you might can get them to avoid your place and tell them a sewer line could contaminate your water table if you're on a well.

They tried a similar thing with my family some years ago. They wanted to expand a treatment plant. They wanted a parcel that needed little grading work. The family offered them property on the other side of exisiting plant for nothing. They insisited on the leveler property. The courts sided with the family and ended up paying for the property that was originally offered for nothing !!

It's hard to fight them. When I was a kid, dad saw a guy driving up stobs and tying orange ribbons in the middle of the yard. Long story short, in about a year and a half there was a road where our house and yard used to be.

I feel for anyone who has to give up land for rights of way. I have property that an EMC has lines across in two places.. The same tract has a driveway easement as well. I lost the ability to plan hundreds of trees due to those easements.

About sewer lines.........Fact is the basic laws of plumbing say it is best for that "stuff" to flow downhill. Pumping stations cost more to operate than gravity flow lines. The taxpayer pays MUCH more for forced lines than gravity lines.

50 or more years ago the county we lived in had a road crew ready to take down my dads fence in order to widen a roadway that went to an abandoned house. The owner of that property wanted a better road for his own financial reasons.
Dad "suggested" to the road crew that they not touch one of his fence posts. Since he was armed and they were not they left. The roadway was officially abandoned soon afterward.

Not a lawyer, but a survey crew on you land without your permission is trespassing and you are within your rights to require them to leave. However, check your actual deed to be sure there are no recorded easement, if there are then they may be within their rights, however they are still required to identify themselves.
If no recorded easement exists then yes imminent domain could come into play, but first the county will attempt to negotiate for an easement. Only after you do not come to an agreement does imminent domain come into play. It is a pretty formal process.

You should received notice. They can't just take your land. If they use it they have to pay. That said anytime a utility is involve there is at least a temporary work easement.



I had property taken under eminent domain. Got a notice of taking, a copy of the new deed on the property and an offer on the price of the taken property.

Long story short, the taking of 15 ft from the hiway frontage rendered the property worthless without major renovations. They offered me $20k. Hired a lawyer he presented the state with a $200k appraisal of lose of use.

9 years later the State of Florida gave me the property back with a new drive way and de-cel lane and I got to keep the $20K. The state of Florida paid the attorney and his crew $80,000. They paid $100,000 for a piece of property they never used.

Stick to your guns.