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Question About Easements And Natural Springs

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Alli B.

Thread Starter
Freshman Member
Joined
Mar 18, 2019
Professional Status
General Public
State
Texas
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

Senior Member
Joined
Jan 27, 2004
Professional Status
Certified Residential Appraiser
State
Indiana
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

Elite Member
Gold Supporting Member
Joined
May 2, 2002
Professional Status
Certified General Appraiser
State
Arkansas
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

Elite Member
Joined
Apr 23, 2002
Professional Status
Certified General Appraiser
State
Oregon
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

Elite Member
Joined
Jan 22, 2002
Professional Status
Certified General Appraiser
State
Florida
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
 
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