Archive for the 'eminent domain' Category

Aug 23 2009

TX: Water rights and eminent domain

Published by under eminent domain,Texas

If land is seized by a government as part of an eminent domain action, what about the water rights attached to the land – and how are they compensated for?

That has turned into a key question in the legal case concerning property which had been owned by 7KX Investment, in Bell County, Texas (in the Temple area). The land sits atop the Edwards Aquifer, and active wells from the property tapped into it. Two parcels from that property (which did not include the wells) were taken by the state for public purchases, but a dispute arose over the state’s proposed price of under $400,000: The owners said that wasn’t enough to compensate for lost water rights.

Hydro geologist Richard Thornhill and the law firm Dawson, Sodd, Ellis & Hodge worked on the case for the owners, and concluded that the land purchased by the state would deprive the owners of significant water access – cutting into their water rights.

[See Temple (TX) Daily Telegram, August 23]

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Apr 27 2009

CA: Only a misunderstanding?

Published by under California,eminent domain,municipal water

The California city of Vallejo has had an easement on a patch of hilly land (which is owned by Edward Biggs), and a water pipeline runs through it – though the land isn’t within Vallejo’s boundaries. It lies within the bounds of the nearby city of American Canyon, and American Canyon has filed an eminent domain action against Vallejo.

Nothing personal, the American city officials say – their neighbor simply was swept up a larger operation.

Vallejo isn’t objecting generally but wants to ensure its easement is protected. Ordinarily, when property is seized through eminent domain, all rights are taken at the same time.

Negotiations are underway. [see the Vellejo Times-Herald, April 26]

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