Nevada County Picayune and Gurdon Times Newspaper Archive

Permanent Easement Argued

One property owner along the Gurdon Rural Water Project line disagrees with the term "permanent access."

Mike Taylor said he has no problem with the project itself and could use the water himself, but doesn't like the idea of giving the city permanent access to his land, which, he, in effect, said amounted to losing a portion of his property.

Harold Hurst, manager of the Gurdon Water and Sewer Department, said the project engineer got foresters to estimate the damage which would be done to the land, with the trees remaining belonging to the landowner. "All we ask is access to the lines," he said.

Taylor responded saying everything he's heard or read says the city intends to bushhog the right-of-way once the project is completed. This, he said, would keep him from planting trees on this strip of land again.

"The paper you sent to me said permanent," Taylor said. "It's not right to ask for permanent right-of-way access. The term doesn't fit well with me."

Hurst said it's nothing more than a lawyer's term giving the city the right to get in and out when repairs need to be done.

Taylor argued if the water line was in place and nothing ever needed to be done to it, this would be great. However, if a problem did arise, the department wouldn't need the full 15-foot wide quarter-mile strip of land to make any repairs. But he still wouldn't be allowed to plant trees on the property.

Hurst said this is because the roots would grow into the water lines and damage them.

He continued, saying the lending agencies for the project require the department to be able to use the right-of-way. He added he would see if the lending agencies would agree to modify the wording and remove the term permanent.

Commissioner Bill Dulin said if the department doesn't have permanent access it would have to get written permission from the owner each time it needed to be on the land.

Taylor said he no problem and offered to fill out permission slips in advance.

"I've signed up for the water and have paid my deposit," he said. "I don't want to hold the project up, but no consideration is being given for my trees.

"I'm willing to listen to something different."

He told the panel those who have been sent to try and talk him into signing the easement have said one thing, but he's read where the department intends to bushhog the right-of-way. "This is not what I've been told," he said. "I don't want the permanent loss of my land."

Hurst said his department has not been involved with procuring easements for the project. "I hope you understand it's out of our hands and in the city attorney's hands," he told Taylor. "We need to reach an agreement so we can get to work (on the project).

"We do intend to bushhog the top of the line to keep it clear. This was my decision initially and would make it easier to find the lines for repairs. Otherwise there would be no way to locate them."

Taylor said if Hurst could make this decision, he could also make a recommendation to the attorney preventing permanent access. "I'm concerned with you telling me I can't do what I want with land that's been in my family."

The soft-spoken property owner said he wants to leave the land in as good a shape or in better shape than when he got it for those he will leave it to.

"I feel we can work something out. I'm opposed to no one having water. I'm on the list. I'm not trying to cost the city any money for condemnation and am willing to work this out."

Hurst and Taylor will meet with the city attorney to see what can be done to alleviate the situation. Otherwise, the project could be delayed, or Taylor's property could be condemned and the project get underway.

Before the meeting adjourned, Taylor asked if the city council could create a committee for the rural water customers to work with the commission on their own behalf.