Collin County Roads dept. is calling me. My dad got a "right to dig and maintain" a water line across some property in 1964. It goes right under a Parker Rd near Wylie, TX. They say they must have gotten permission from my father in 1974 to lay the road in the first place, but they cannot find the documents affirming this. (I know they did not get permission because that was the year of my dad's stroke. I handled all of the family business from that year on.) They now want me to relinquish my right to that little strip of land (about 1000 sq. feet.) so they can expand the road. They will give me $10 for this, they say - the original price it cost my dad in 1964. It does not quite seem fair, but possibly it is such a little deal, it is not worth pursuing. At the least I am going to ask $75 which is what $10 in 1964 amounts to in 2015! I have never dealt with anything like this and am at loss. Anyone had any experience like this? Thanks.
Maybe you can negotiate & grant them 'surface rights only' so that you keep minerals under it? They probably can take it thru eminent domain if you refuse to negotiate.
Barbara:
IMHO, there are a lot of unanswered question and issues here. I'm sure you have most of the answers; but, from what I gather from your post, your father never really owned the property, he just purchased an easement or got the owner to sign a ROW agreement giving him the right to put in the water line. If the line is still there and in use then a lot of issues come to my mind. Again in my opinion, what your father paid for the ROW initially has no bearing on it's worth today, plus, the ten dollars that is listed in the agreement is just legalize to prove that the agreement was purchased and accepted. If the pipeline is still in service and goes under the road, and the line needs to be replaced in the future, who will pay for boring the road or repairing the road, etc.? IMO, the value of the little section is really unimportant if the county is willing not give you any hassle in the future and to pick up the additional costs associated with replacing the line in the future.
I hope I didn't miss the boat all together here; but, this one struck a nerve with me personally since pipeline ROW agreements are a pet peeve of mine because I don't believe property owners put the necessary calories, which includes attorney dollars into these agreements.
Good Luck!
Bigfoot: Your take on this is exactly correct. My dad owned no property. Since a road was already put over it in 1974, I presume they found the waterline then and may have capped it off, but I do not know. As you point out too, I don't even know if the waterline was/is working and where exactly it goes. Thanks for your thoughts!
Bigfoot said:
Barbara:
IMHO, there are a lot of unanswered question and issues here. I'm sure you have most of the answers; but, from what I gather from your post, your father never really owned the property, he just purchased an easement or got the owner to sign a ROW agreement giving him the right to put in the water line. If the line is still there and in use then a lot of issues come to my mind. Again in my opinion, what your father paid for the ROW initially has no bearing on it's worth today, plus, the ten dollars that is listed in the agreement is just legalize to prove that the agreement was purchased and accepted. If the pipeline is still in service and goes under the road, and the line needs to be replaced in the future, who will pay for boring the road or repairing the road, etc.? IMO, the value of the little section is really unimportant if the county is willing not give you any hassle in the future and to pick up the additional costs associated with replacing the line in the future.
I hope I didn't miss the boat all together here; but, this one struck a nerve with me personally since pipeline ROW agreements are a pet peeve of mine because I don't believe property owners put the necessary calories, which includes attorney dollars into these agreements.
Good Luck!