Drainage easement (property question)

[eichh]

The back of my property ends in the middle of a creek. The creek has a 60' drainage easement as stated on our survey. The city wants to put a bike path along the creek which would require them to cross the creek to our side because its the only flat spot along it and go through my yard which would require them to remove a lot of my trees. My question is how do I get ahead of this to stop it they got funding from the state but they are waiting for winter to do their final survey due to the amount of poison ivy. Im not sure if I should get a lawyer or wait till they have the final plans done, im prety sure I need someone else to get my back rather than me telling them I dont want them to distroy my wooded property. If it matters the creek goes over its banks whenever we get a heavy downpour which I believe would create an erosion issue where ever the culverts are placed. Dont they have to change it from a drainage easement to something else to build in it? Any ideas or suggestions?

Thanks

[Howley]

You need to talk to a lawyer or (not sure how it works where you come from) a Licensed Surveyor. If it's a drainage easement it is only for the purposes of maintaining drainage. If they want to build a cycle path they need a right of carriageway easement or something to that affect. Don't take this as gospel if you are in America, but definitely see someone. 

[The Architect]

Speak to a local surveyor or Civil Engineer first (they cost less) then going to an attorney.  Make sure they are not working for the city first.  Dig up your deed, the easement should be noted on it or attached to it.  Also dig up any surveys you have of your property. 

The easement may be very specific; the easement is only for drainage purposes, access to the river, etc.  Or it may be vague which might allow them to do anything.

Keep in mind there's always eminent domain.  But we won't go there.   

[eichh]

I have all of the original plans and they say drainage easement. Would I go to the firm that I got the plans from originally just to get verification? Once I verify that what can I do with that information?

[sno_duc]

If your backyard is large enough;
1) obtain a micro-brewery permit.
2) set up a biergarten next to the bike path
3) sell 'Radler' by the Maß (1 liter glass mug)
http://en.wikipedia.org/wiki/Shandy#Radler

The Radler ("cyclist") is a Biermischgetränk that has a long history in German-speaking regions. It consists of a 50:50 or 60:40 mixture of beer and German-style soda pop or lemonade.

The invention of the Radler has been widely attributed to the Munich gastronomer Franz Xaver Kugler in 1922. However, the recipe for the Radler had been mentioned as early as 1912.[1] Nowadays the Radler is drunk not only in Bavaria but in all of Germany, Austria, and the Czech Republic.

The ones I tried in München that were made with lemonade, were actually quite good, 7-Up or Spite not so good to me.

[He Man]

stand on ur property with a shot gun and a keg and randomly pop shots off while playing polo with dirt bikes.

[RAT900]

Call EPA....tell them you saw rare-looking critters in the creek....Demand a Federal Environmental Impact Study...that should gum up their plans for a few centuries

[erkishhorde]

I have no clue what the codes are but I thought you had to allow them put public walkways on your property? In my city there are some houses that don't have sidewalks in front of their house because the people didn't want it so the sidewalk stops halfway down a block. Kinda odd...

If you really don't want the path there, let them build their bike path, then put a pine tree next to it once they're done. The roots will tear that make the beast with two backser up and they're have to waste a shitload of money to fix it and give up. 

[MendoDave]

Call EPA....tell them you saw rare-looking critters in the creek....Demand a Federal Environmental Impact Study...that should gum up their plans for a few centuries

You could always hire a Botanist to find some rare & endagered whatever but beware that it doesn't come back to bite you inthe butt later on when you want to further improve your property. On second thought don't call a Botanist you will live to regret it. Same goes with the EPA. Go with the Surveyor, they wont charge you to talk about your situation, and they have to know property law anyway.

[eichh]

I sent an email to the county conservation folks and the Army core of engineers pleading the erosion and disrupting the natural flow of water case hopefully someone responds back.I like the EPA idea that area is down in an area I would never change I just mow it, the deer use it more than I do its just the fact I paid for it and now someone wants to distroy the peaceful wilderness I paid to own. If it doesnt work out and it does go in I will wreak havok upon it.

[MendoDave]

Don't say I didn't warn you about the EPA.

[eichh]

If I dont hear back from the others I will look into them (epa). Mean time I will get a copy of the easement from the recorders office so its all official if someone does decide to help out. Ive worked with the dude from the engineering firm many times so I will pick his brain as well for ideas, I dont think he can do anything but he may know who might.

[ducatiz]

Easements have a purpose..  But it also depends on the type of easement.

i.e... "in gross" "appurtenant" or "prescriptive"

The language will not say, but the type will be defined by the language used.

If the easement states for drainage purposes, that sounds like an easement in gross -- are you paying taxes for that portion of the land?  or does the city do it?

Without seeing the description and language it is hard to tell what kind you have, but if it is limited in language to "drainage" then there is little room to wiggle.  They will have to take the other property from you to use it for another purpose.

Municipal drainage easements are not uncommon, esp in suburban areas, but they are completely limited to the specific purpose of providing drainage and nothing else.  Obviously property access to repair or inspect is included, but certainly not putting in a bike path!

You need a lawyer.

[erkishhorde]

Another thought... How big is this creek? It sounds like you don't have a back fence to your yard. I would imagine that the completion of this path would cause you to want a fence due to infringement on your privacy.

[badgalbetty]

I think a lot of your issue depends on what state and county you are in and what the local laws are. Talking with a surveryor first is the best thing to do. Then see what the local land use laws are. If you are classed as residential and they want to build on your property then there will be issues. If you live in the country and the drainage easement is part of a wetlands then you may be protected by federal laws. But that being said it usually makes your property valueless when its time to sell as no one can do anything with it.
When I owned my farm we had a somewhat wet area of a couple of acres and it was overgrown with berry bushes. To preserve that area I designated it a sanctuary and approached the national wildlife federation. The area proposed provided food ,shelter ,water and a place to raise young which are the requirements. As soon as it was agreed they sent me a nice tin sign saying that was now a wildlife area and that kept folks away. You may also want to do an environmental impact study on the area which is expensive.
I am a master gardener and like all plants and the such and protecting wetlands is a very important thing for plants(especially native plants which are becoming more and more extinct as we encroach on land and use it incorrectly)You could always say as it is so wet ( if it is) you have geese there on their way through to starbucks in Canada  as well as other wildlife.The animals were their first and in my book we have to share the land and be good stewards of it.. Another thing to do is contact your local extension service office ( master gardeners) and explain to them that you have a wetland area and garner some info about land use protection( they will not get involved politically) but they will identify plants and usually where they are located at the local office there is usually local watershed folks that will be happy to give you some info. The extension service is run by volunteers funded by your tax dollars and your local state university.
www.wsu.edu/hortsense. I think thats the link for Wa State where the Master Gardener programme originataed. WSU was also the first land grant university in the nation. WSU Rocks!
Best wishes with your conservation project.
BGB.