Illinois - The city water main crosses farmground (currently planted in corn) and a new home owner has filed an application to be connected to the main water line. Does the city have the right to tear up the farm ground and corn crop without paying the real estate owner for the damage to the corn crop?
First, I suggest you read exactly what the easement actually says. In my experience the easement will specify limits of what the property owner can do on the easement and what happens if the easement owner needs to access the property covered by the easement.
Regardless, I agree with the previous answer that suggested contacting the city to see if there is an amicable way to address this issue. You may also want to contact the local ag services to see if the can help on your behalf.
This information is for discussion purposes only and does not constitute legal advice nor does it establish an attorney-client relationship. Individuals seeking a legal opinion or legal advice on any matter should contact an attorney experienced in the field of their issue and discuss retaining such attorney to represent the individual.
Has the city been made aware of the expense of the potential damage to the crop?
Generally, the government does have the right to proceed, although in most cases the landowner is entitled to just compensation for the financial loss incurred.
You might be able to ask questions of your local legal services organization or a lawyer affiliated with a local bar association familiar with this particular problem. You might call:
Land of Lincoln Legal Assistance Foundation - Southern Regional Office
Old National Bank Building
509 South University Avenue
3rd Floor Carbondale, IL 62901
Phone: (618) 457-7800
Or click on the links below:
The information provided here should not be construed to be formal legal advice. The provision of this general advice does not create a lawyer-client relationship. Persons with legal questions are encouraged to seek independent counsel for advice regarding their individual legal issues.
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