My question involves an easement in the state of: Texas
San Antonio Water system which is now the main Supplier to the city i live in wants to take 80' x 443.11' of the back end of my property and install a 48" Water Pipe that will be used to pull water from a pumping station in my area up to the north side of San Antonio They tell me the pipe will be under pressure @ 90 PSI all day every day after its installed and put to use.
My concern is that they want to offer only 90% of the value of the property ( Their Offer $5,711.00). Is it possible to receive amenities with a lease instead of a buy out?
Below Is the Letter Which was i received back after asking the following questions. His Responses are in Red.
I would really appreciate some type of help.I feel i have hit a brick wall and am unsure how to go about this or know what options i have. and i honestly feel that this company is just out to buy out everyone at a very cheap price or use Eminent Domain to snatch up the land if i do not agree.
I have received the Appraisal and have a few questions about the information printed. Below are my concerns.
As stated in the Bexar Country Appraisal District statement for the year of 2011, My Property which totals 4.5900 Acres is Valued @ $43,940.00 which is $9,572.98 per Acre.
In the appraisal which was sent only values the property @ $34,425.00 @ $7500.00 Per Acre which explains your offer of $5,711 @ 90% of $ 7,500.Why is there a decrease in the value on your appraisal?
I understand your concern about the difference between the Bexar Appraisal District value and the opinion of value given by the appraiser. Often times, the BAD will continue to raise or keep values on a property until a landowner contests the value at a hearing. The appraiser determines his opinion of value from sales of comparable properties as best as possible. Comparables are properties similar in size, location and features. In an area where there have not been many sales of comparable properties, the appraiser uses the best sales that he can find and then adjusts the values up or down to make them as comparable as possible. It may be that your property is valued too high for the current market. This is something that we can discuss at your convenience.
As a Tax payer in the Bexar County District, the offer of $5,700 is less than what was expected.
Will I still have to pay taxes on land worth $9,572.98 Per Acre? I feel that the yearly taxes on the easement you wish to obtain would not be fair to me if I would still have to pay taxes on that part of the property especially that I can never build on it or use it in the future. Will this lead to loss of value of my property?
Since you will still be the owner of the property, you will be responsible for payment of taxes of the entire property. I suggest that you use the appraisal provided to you to use as a tool to have your property taxes lowered due to the lower value as per the appraisal. The money paid to you is partly paid to you as compensation for the use of your property. There is a section in the appraisal that deals with the location of the easement and the loss of value to the property. In general, it has been determined that easements along the property line do not diminish the value of the total property.
And will it affect my property value if I ever decide to sell? I would like to come to an agreement on the cost of the property taxes on the easement and any cost lost in property value. I am also concerned about safety .In any case of pipe failure or breakage resulting in any disaster such as a flood or sinkholes, I would like to know that I have some type of coverage for both the property , myself, and my family as long as I reside on this property.
Many properties in city subdivisions and rural areas have easements crossing them. Properties with easements are bought and sold all the time. In general, the total property is considered when a buyer is looking to buy. Location, trees, amenities and infrastructure all determine whether a property is bought or sold.
The water line will be built to accepted standards and is expected to last for many years. There are many safeguards in place in the event of a breakage in the line. Those safeguards should prevent any major leakage of water. In any event, SAWS would make the necessary repairs and restore the land if necessary. SAWS does not provide any type of insurance for the landowner, but would do everything possible to make things right in the event of a water leak.
Once you have reviewed all the documents sent to you, please contact me so that we can discuss your concerns.