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

Asked almost 2 years ago - 97448

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)

  1. Robert Lloyd Mauger Jr

    Contributor Level 15


    Lawyer agrees

    Answered . 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... more

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