Sewer And Water Projects
Sewer and water projects are often part of any proposed development. If a new structure is going to be built, it will need water brought to it, and sewer lines to remove waste. If a new roadway or parking lot is put in, it could dramatically affect drainage in an area and lead to flooding of private property. Most often, sewer & water projects do not require that your property be condemned, but it generally requires an easement that can affect your property and its value.
Before you take what might seem like a generous offer for an easement on your property related to a sewer or water project, you should talk with a property rights attorney about the effect the easement may have on your property and property rights. Contact the Florida Property Rights Law Firm, P.A. to discuss your rights.
What Is an Easement?
An easement is when you grant someone the right to use your property for a specific purpose. Running pipes and power lines over private property are common easements. Sometimes, you might be asked to grant easements or rights of way to allow government vehicles access to land that is adjacent to your property. Remember that once you grant an easement, you cannot revoke it, and granting an easement for running a pipe under your property means granting access for maintenance vehicles and personnel when necessary. Consider easements very carefully before granting them.
Fighting an Easement
In fighting an easement for a sewer or water project, you can sometimes resist it by pointing out that the additional water or waste capacity is demanded by a private development, not a public one, even if the condemning authority requesting the easement is considered a public utility. Condominiums and other housing developments are commonly built by private firms for private profit, and Florida law prohibits the use of eminent domain to benefit such developers.
Inverse Condemnation after Sewer and Water Projects
Sometimes, a government agency might initiate a sewer or water project without condemning property, or without condemning enough property. An easement on your neighbor’s property can adversely affect your property, and improperly constructed drainage projects can lead to flooding of your land. If you notice an adjacent or nearby project is affecting your land is damaging your property or restricting your use of your property, you may be able to file an inverse condemnation lawsuit or a lawsuit under the Bert J. Harris, Jr., Private Property Rights Protection Act.
If you are facing a condemnation or easement action related to a sewer or water project, the lawyers at the Florida Property Rights Law Firm, P.A. are prepared to help defend your property or get you the full compensation you deserve. Please schedule a free consultation today to learn how we can help.