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City wants to pay me for an easement

Old 11-03-2011, 06:05 PM
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Default City wants to pay me for an easement

I was contact today by a City of Orlando rep wanting to purchase a strip of the side of my property and my neighbors for an easement to install new storm water pipes. The piece will be 7.5 feet by 185 feet. They said I will not loose the land they will just have acess to it. I want to know if anyone has had this happen and what are the negative impacts if any. Also, how do I determine a fair price?
Old 11-03-2011, 06:12 PM
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Let your neighbor go first and then negotiate from there. My mother just had this happen and made out VERY well.
Old 11-03-2011, 06:22 PM
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Originally Posted by Mr. Demeanor View Post
Let your neighbor go first and then negotiate from there. My mother just had this happen and made out VERY well.
Agreed. Last one out of the pool is the winner.
Old 11-03-2011, 06:23 PM
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I would think if you do not work with them they will decide on their own how things will work.
Old 11-03-2011, 06:36 PM
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Make sure that it won't effect you if you want to build out your existing structure or if you want to add something like an out building.

ALso who would have access to it? If it's the police I'd fight it, I don't want law enforcement on my property with any legal rights, you just don't know how that could back fire later on.
Old 11-03-2011, 07:39 PM
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If you have anything in the way (think fence, shrubs etc) they can remove them to gain access. Power company in my area had easement to guy wire support in my yard. If they had to bring in equipment to service it which required taking down my fence, they could. Im not sure it's the same everywhere so just check.
Old 11-03-2011, 07:50 PM
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fair market value is a minimum acceptable starting price
Old 11-03-2011, 08:17 PM
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My grand parents made out well on this kinda deal as well. Agreed with don't be the first. But don't' be unreasonable either.

I was suppose to give the local PUD a easement when they put in power to my house (J-box and separate transformer), but never filed it before they did the work. They have tried 3 or 4 times since, but haven't heard from them for about a year now. Don't know what the repercussions are going to be, but they don't have a easement from me.
Old 11-03-2011, 08:31 PM
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contact an attorney with experience in the subject matter. this is a legal issue, not a fishing/boating issue and the feedback you are likely to get on a boating/fishing forum is likely to be inadequate.
Old 11-03-2011, 08:40 PM
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Originally Posted by Badabing23 View Post
I was contact today by a City of Orlando rep wanting to purchase a strip of the side of my property and my neighbors for an easement to install new storm water pipes. The piece will be 7.5 feet by 185 feet. They said I will not loose the land they will just have acess to it. I want to know if anyone has had this happen and what are the negative impacts if any. Also, how do I determine a fair price?
The house I purchased in 2006 had this same type of easement attached to it. I had NO idea until after I was living in the house.

You can't (or shouldn't) build any permanent structure on the easement. They will have the right to have you remove the structure, at your cost, if they need to get to the piping. I wish I would have known this before I bought my home. I have a huge yard, but it is pie shaped. So everything I want to do has to be portable.

Think it through.

Oh, and by the way... From what I understand, if you refuse they can take it through imminent domain laws...

Last edited by macabear; 11-03-2011 at 08:42 PM. Reason: Added last part..
Old 11-03-2011, 08:50 PM
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I agree you need to see a lawyer and go from there….but just know most cities can take your land if its for the good of the majority, all being said let them know how valuable your land is and pick up a big check….Rob
Old 11-04-2011, 02:40 AM
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Who is going to pay the taxes on this "strip"? 7.5 feet is not much to work with in installing a sw pipe.Are there going to be exposed catch basins on your property? What about possible back ups? I've been through emminent domain issues three times with city/state agencies and for what its worth your best bet would be to find an attorney with experence in these type matters. Good Luck.
Old 11-04-2011, 03:24 AM
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I know at least 2 attorneys in Orlando who specialize in eminent domain. The 2 I know have done work for clients of mine. Normally the city pays the legal fees in an eminent domain taking. I'm not 100% sure when it is an easement. If you want their contact info send me a PM.
Old 11-04-2011, 03:56 AM
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After u call an attorney - think about all the issues that could come up and make a list... you will want to address all of that in the document...

But make that attorney call first....
Old 11-04-2011, 05:59 AM
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Do some research.

Go ahead and call an attorney but in the end you will end up paying the attorney a ton of money for advise you could have researched on your own.
Old 11-04-2011, 06:05 AM
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Definitely contact a lawyer. Imminent domain is there out if they choose to exercise that right. Remember your talking about a government here! If you proceed on your own don't say you weren't warned!! Also don't be the first to take or propose an offer. Talk to your neighbors and come up with a plan..
Old 11-04-2011, 06:19 AM
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Originally Posted by Badabing23 View Post
I was contact today by a City of Orlando rep wanting to purchase a strip of the side of my property and my neighbors for an easement to install new storm water pipes. The piece will be 7.5 feet by 185 feet. They said I will not loose the land they will just have acess to it. I want to know if anyone has had this happen and what are the negative impacts if any. Also, how do I determine a fair price?
See if you can lease the land to the town with letting them have options for new leases. Some thing like 50 year lease. Have the value of the lease equal to your property tax
Old 11-04-2011, 06:31 AM
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Hire your own appraiser to get a value as well. I don't think I would let the DOT Appraiser or whoever they use for this particular application be the only one to give me an opinion of value. I can't remember 100%, but I don't think DOT appraisers even have to follow USPAP like the rest of appraisers do. Maybe someone will chime in that can verify for sure.
Old 11-04-2011, 06:56 AM
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Lots of misinformation above. I actually know a little about this stuff so let me help u out. The municipality will have an appraiser and make u an offer. Don't think you will get rich off this deal. It will depend on the specifics so I will talk in generalities. However, will there be a clean out on your property? That will get you more. But either way, u haven't hit the Powerball. Heck the attorney or appraiser may cost you more than what they will pay you. My wife does appraisal work for the DOT, local and state governments, private individuals, & attorneys on both sides of the fence in instances such as yours. I own multiple properties and have had these types of easements on 3 different occasions. The only time I really did well was when the DOT took 1/2 the parking of a commercial space to widen I85 near pleasant hill rd. More times than not the government will pay more for an appraisal than the value of the condemned property. If it is on the property line then you probably couldn't build anything there anyway with setbacks. Your damage is going to be minimal. My advice is to just be nice and cooperative with the city, see what they have to offer and go from there. These type of easements are common place and have minimal impact on your property. Make sure you negotiate grading and soding of the area to your satisfaction. And yes DOT appraisers must follow USPAP guidelines and are much more qualified than your typical residential appraiser working the value on your refi.

Last edited by maxzilla; 11-04-2011 at 07:47 AM.
Old 11-04-2011, 07:15 AM
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I agree with Maxzilla on this. I have been down this road twice, and in each instance, I worked with the officials, although I was no pushover. They paid me for a 10' wide by 200' long easement for a street runoff, and the offer was typically low. I did negotiate for a somewhat better offer, and then told them that the big oak tree that thay had to remove, which was one of those trees where the main trunk is a Y, with one side growing out over the road, was my favorite tree, and they needed to pay for it. I think they paid an additional $750 just for that tree. That was on apiece of commercial property that I owned.

The other time was for a road widening project behind my residence. No lawyers on either project, and met with the county and went to their big meeting, where they had drawings, slide show presentations, etc. I thought they spent a fair amount of money just for their big show. In the end, I got fair market value, some shrubery and a fence along that back line, and since the property was 1.85 acres to begin with, it had zero impact on our use or resale value.

Bottom line; let them make their offer; consider it, maybe counter it, but don't be unreasonable. Ask for privace screen, fencing or shrubbery if you like, landscaping along that side, etc. on top of the monetary offer. In the end, they will have that slice they need.

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