Question About Easements And Natural Springs

[Alli B.]

I purchased land for a non-profit org for at-risk kids. The land sits on three aquifers and my neighbor had his well in the same line purchased by the county. A creek with a deep freshwater spring sits on my property. Now the county wants an easement that would encompass the spring. I don't know anything about this. What do I need to be aware of when it comes to appraisal? Is resistance futile? Thanks for any and all comments.

 

[Mark K]

I think there are far too many unanswered questions to begin to answer yours.

My advice, contact a local real estate attorney. Sometimes a title company can refer you to an attorney that specializes in real estate. The attorney can give you advice and if necessary involve an appraiser. You'd need an appraiser that knows easement valuation and possibly water rights issues.

Good luck.

 

[Terrel L. Shields]

Why do they need an easement? What color of law allows them to take it? What are your riparian rights? West Texas??? Panhandle? E Tex, S Tex,

No no no until I find out why they seek an easement and what for.

 

[Elliott]

Watch the great movie, "There Will Be Blood." I would imagine water in Texas is a very valuable resource, on par with oil. Don't 'give up.' Part of being made whole in eminent domain includes your costs (lawyer, appraisal). See a lawyer.

 

[Restrain]

If they want an easement, the state has to have a specific public interest in it, not just ‘I wanna’. They would have to pay for the easement and potential loss of usage to the property due to the easement presence, loss of control to the spring.

Contact a real estate attorney in your area, and you will probably need an appraisal. Don’t sign ANYTHING