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Can a government change the easement from " 15 foot drainage and utility easement' to making the easement property a wetland?

Junction City, OR |

City of Junction City planning commission gave the DSL of Oregon a map showing the drainage canals for approval as wetlands. The city Counselors did not ok this, but the State DSL people say it is a done deal. My ditch is not a wetland, it is so dry the land is cracking. The only thing the city has is the easement. I do not want my land deemed a wetland. How do I fight this?

Attorney Answers 1


Generally, the private rights that the government has in your property (e.g. as an easement holder) are unrelated to the regulatory jurisdictional authority of the Army Corps of Engineers and the DSL with regards to wetlands.

Without knowing the specific facts and findings related to your parcel, it's nearly impossible to give advice on what stage you're at or if the decision can or should be appealed. You should contact a lawyer.

Licensed in Oregon. Advice provided is general information only and is based solely upon the facts provided. It is not intended as legal advice applicable to any specific situation. No attorney/client relationship is created unless and until we have met and entered into a written representation agreement. Contact me at 541-250-0542 to discuss your matter further.

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