easement, permanent vs. contstruction

[rfreburg]

What is the name of your state? nebraska, the small town that i
live in wants to obtain a permanent easement on a portion of my
property for drainage improvement. i would like to grant
a construction easement only. is this something that is even possible, or can they force me into the permanent easement
by condemnation.

 

[HomeGuru]

What is the name of your state? nebraska, the small town that i
live in wants to obtain a permanent easement on a portion of my
property for drainage improvement. i would like to grant
a construction easement only. is this something that is even possible, or can they force me into the permanent easement
by condemnation.

**A: they have a right to force you via eminent domain because a drainage easement must be accessible for inspection, cleaning, repair and maintenance etc. which a construction only easement would not allow.

 

[rfreburg]

what affect will a permanent easement have on the property
value?

 

[HomeGuru]

what affect will a permanent easement have on the property
value?

**A: there are numerous factors involved such as value of the property, zoning, size of easement and location of the easement vis a vis the lot layout, affected buildable area etc. I suggest you talk to a real estate appraiser.

 

[rfreburg]

as it is they have offered to compensate me for signing a permanent easement. if i refuse and they use eminent domain
will the property be legally mine or the city's?
and in your opinion how detrimental does an easement look
to a potential buyer? thanks!

 

[HomeGuru]

as it is they have offered to compensate me for signing a permanent easement.

**A: then you must gather all the facts as to the value of the property as affected by the easement. Hire a real estate appraiser.
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if i refuse and they use eminent domain
will the property be legally mine or the city's?

**A: I highly doube that the City will condemn the property in totallity. They will excercise their right to the property but only to the point of forcing youto provide an easement. If this tis the case, then you will still remain the property owner.
*********
and in your opinion how detrimental does an easement look
to a potential buyer? thanks!

**A: see above. If the easement does not affect buildable land area or interfere with landscaping, sewer disposal, water well, etc. then it is negligible. But if the easement is running right across your front yard or back yard where you could place a swimming pool, that is different.