Quote:
Originally Posted by N2I.F.
I'm not sure where to post this question, so I apologize if this is the wrong place.
Has anyone here, as a private citizen, been contacted by the county about signing an easement agreement? I should state I know the plan is to widen the road to create an independent bike path, but I don't get the aggressiveness of the county representative about having this easement agreement signed now. Perhaps matching funds, or just a pushy person or other?
Any tips I should know? Does an easement agreement allow access to all the property or only a portion clearly spelled out? Can I have any say over the hours people will be on my property?
If you have any info you can share from a private perspective, or know how this works from your employment, I'd appreciate either a PM or a post. The County ain't going away. I want to know more before I sign.
Plus, last month they talked about the price of the land to be used for the bike path. Somehow that discussion has stopped from the County.
Thanks for any pointers any of you may have.
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Don't sign it until you know the following:
1. exactly where on your property the easement is going to be
2. Are you responsible for maintainance of the piece?
3. What type of easement is it? Public access easement? Limited access easement?
4. Are you responsible for paying taxes on the land where the easement is?
5. Who will use the easement?
6. Is the county going to free you of all liability revolving around the piece?
I do not like public access easements because often the property owner is still paying taxes on the land even though the public is benefiting from it and the property owner loses some rights on that portion of the easement. It is a border line unconstitutional taking (Look up the dolan v. tigard case: dolan was required to put in a path across their property as part of a building permit. simlar but some differences).
They should buy it from you. I would get these answered, in writing, by the county prior to signing anything. Some issues would have to be addressed by different departments, so this is going to be lengthy, frustrating, and time consuming proposition.