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Public Utility Easement question

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dewdals

Junior Member
What is the name of your state? NC
I've been approached by the town for purchase of a public utility easement. My question is regarding how to make a determination of placing a fair value for the area affected by the sewer pipe installation. Am I entitled to compensation for the large strip of trees that will be removed?
Should I seek the advice of a Real Estate Lawyer or a Sellers Agent since the town has a Buyers Agent representing them? Thank you for any guidance.What is the name of your state?
 


xylene

Senior Member
dewdals said:
What is the name of your state? NC
I've been approached by the town for purchase of a public utility easement. My question is regarding how to make a determination of placing a fair value for the area affected by the sewer pipe installation. Am I entitled to compensation for the large strip of trees that will be removed?
Should I seek the advice of a Real Estate Lawyer or a Sellers Agent since the town has a Buyers Agent representing them? Thank you for any guidance.What is the name of your state?
You definately should contact a Lawyer.
 

lwpat

Senior Member
You definately should contact a Lawyer.
Why? Completely unnecessary at this point. I would talk to a real estate agent for advice if this is a major situation. In many cases sewer service will actually increase the value of your property. Usually you can negotiate for a free tap or taps. I would be more worried about the disturbance during construction. The city will determine the price they will pay. If you do not agree they will condemn and take you to court. Then your attorney will get 40% of whatever is awarded.

If you have a special situation, like the trees, then you may be able to negotiate for more money.
 

xylene

Senior Member
lwpat said:
Why? Completely unnecessary at this point.
I guess that all depends on what ones definition of " large strip of trees" is.

4 trees or 40 or 400.....

I would worry about getting the proper value of those trees... but then again you could be right about waiting for the offer.
 

dewdals

Junior Member
Thank you for the responses. My rear lot is roadfront property in prime location. City will run sewer lines across my rear lot and a few other homeowners on my street. We have negotiated a 2nd amount, but, I still have serious reservations about what city is saying. Town buyer's agent commented that value of trees was not a factor. He said a lumber company would laugh (??) Strip of woods cut will be approx 30 feet wide across the back of the lot! What's funny about that? Not to mention roadfront scarring of a now heavily wooded lot. They will be erecting manholes 6 feet high which is certainly not anything anyone would want sitting on their property. (We won't be able to see it from our house, thank goodness).
I just feel like land depreciation and limited use as well as loss of trees should be a factor in determining a value. These are factors city acts like aren't really valid.

Would a real estate lawyer actually do the negotiating like a sellers agent would? I didn't know whether lawyer would get a percentage or just charge a fee.
 

lwpat

Senior Member
If they are erecting manholes 6 feet high the property is in a flood plain and cannot be built upon. I agree that they are not pretty but you only have one every 200 to 300 feet.


We have negotiated a 2nd amount.

Not to mention roadfront scarring of a now heavily wooded lot.
I have no idea what you are talking about.
 

dewdals

Junior Member
lwpat said:
If they are erecting manholes 6 feet high the property is in a flood plain and cannot be built upon. I agree that they are not pretty but you only have one every 200 to 300 feet.




I have no idea what you are talking about.
You are correct when you say this rear area of the property is in a flood plain, but, should that make any difference when it comes to fair compensation for their "rights to the land" from here on out? What I meant by "scarring" of the land was the change in appearance from the street. It will have a clear cut alley through the middle of it where it now is thickly wooded. I just don't want to have to settle for less than I rightly deserve. We are not even being offered enough to get hooked up to the sewage by the city. THEY'LL own all future rights to the area affected, but I'll continue to pay taxes since I own the land.
 

GMooney

Junior Member
Width of easement, trees.

Sir,

interesting to read of your problem. No reason city cannot get by with less than 30' for permanent easement. Municipalites deal with less than ideal installation conditions every day. Width of 10' - 15' may be adequate for easement. Not sure what is to be used for actual digging but width of that machine should determine minimum easement width needed. Construction easement specifying removal of no trees could be granted for a much greater width and for material stockpile areas and access points to needed for installation of line. Maintence should be possible within permanent easement width.

Re trees, suggest you contact logger(s) to walk property and give you estimate for intrinsic value trees to be removed. For start finding, contact any custom saw mills in your area. If there are any loggers around, they will give you certain amount of money for trees, including hauling away. Town might be left with just stumps to deal with.

Value of trees as an aesthetic property screen is substantial. You could determine some measure of that value by asking for an estimate from landscape company for tree screening of that length and width in similar or wholly different species of trees. You could not expect to match caliper(diameter) of existing trees. Although you could ask. Any caliper over 3" gets expensive very quickly. Transplanting large trees is $500 each and up. New trees are specified and planted as screening in most developments, even if planted land is in floodplain. Screening is good use of floodplain land. Getting this info should not be that difficlult.

I like possibility of Town recieving construction easement of X width, to be replaced by a maintenance easement of much smaller width with access easemnents periodically, if needed. Note - an access easement does not have to be in straight line but can to some degree take into account local conditions, i.e. position of
trees worth saving. Your property and the trees on it are yours and not the Towns. With that in mind, town should replant some measure of screening trees provided once construction is finished. They are destroying your property. If they absolutely have to have 30' during construction, what about a 10' permanent width and replant lost screening/trees. If manholes are to be six feet high, you should be able to ask for stalks to be painted to camoflauge their intrusion into you and your neigbors view.

I do not know their disposition but imangine condemnation and a public taking of land(s) is not first on their list.

Best of luck. :)
 

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