What's your opinion on this eminent domain case involving a ditch

[Democrats_win]

A developer decides that he's going to develop some land that has a ditch on it and he wants the ditch moved. The ditch must be moved onto someone else's land. The ditch company decides to go right through the middle of that other person's land thus dividing the land and make it worth less.

What's amazing is that the ditch is on the boundary of the devolopers land and the other person's land so there really isn't any point to moving it at all because who builds a house on the vary boundary of a tract of land? Besides, the boundary is crooked. And if it was moved, why not move it to the other side of the boundary? This would be much more agreable than putting it right down the middle.

What do you think? Is this a case of "eminent domain for private gain?"

[SlipperySlope]

1. I need more details

Where does "eminent domain" entire into it. You don't describe any government action here.

Are you sure this wasn't just a drainage easement?

[Democrats_win]

3. I understand there's an eminent domain for ditch easement.

Neighbor told me that the ditch company plans to do this.

[SlipperySlope]

5. My head hurts...

IANAL, but, I think that...

"Ditch Easement" would imply that there was a prexisting right to put a ditch on the property.

"Eminant Domain" would mean that the government is acting to take a portion of the land.

If there is a ditch easement, there is no need for eminent domain, because the easement was granted by prior property owners and limited all future property owners via the deed.

If you don't want this to happen, I strongly suggest you talk to a property attorney to understand what your rights are...

[The Flaming Red Head]

2. Who's going to be a potential flood victim now if they move the ditch

it may change the drain off and cause areas that didn't flood previously to take on water in case of a torrential downpour. Make them do a (costly) study on who else this will affect. The ditch may have been a natural drain off originally and if he fills it, it may well mess up other people's property value and safety, too. Bitch and raise as much hell as you can about it. It's all in the spin.

[Democrats_win]

4. Thank you, that's a good idea.