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Ely: thanks! What if what they propose may damage my property, e.g., filling in a culvert that now provides drainage from the driveway that's held up by a rock wall? Can compensation include loss of privacy / enjoyment, loss of the value of trees removed in the process?
Ely: I have additional information re the bike trail planned for our property that I would like to share with you, as well as a couple of questions.
I had the city and the contractor visit my property to update me on their plans.
Are you available?
They plan on starting next spring and will take 3 years to build the trail. They may start on my end or the other end. If they start at the other end it will be 2 - 3 years before they come my way.
Plans are not finalized. However, the trail will be 9 feet from the road and 10 feet wide, so it will be 19 feet into my property.
They also need a 5 foot temporary easement to build the trail. Many trees will be cleared, privacy lost and other issues.
When do I begin negotiation for the compensation?
Is there special consideration for the temp easement?
Do I have to grant the temp. easement?
What leverage, if any do I have?
As a next step, would it make sense for me to call the city person in charge of this, share my concerns and explore how to open up negotiation regarding compensation? He may not be the person to negotiate, I'd guess that they have an attorney do this.
They may push back saying the plans are not final, however, the scope of the damage is clear to a certain extent.
They could move the trail 4 feet closer to the road, which would mitigate some of the damage. Perhaps I could influence their decision making.
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