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The city is tearing up my yard... With Pics! Archived From: Finance

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swandown said:Quick, fill in all the holes!!
Someone wrote a book about that.


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I would take all the dirt they are temporarily storing in your backyards and ship it someplace else. Then when they are ready to fill the holes, they wont have any dirt to do it with.

Also file a "notice of claim." Its required if you want to sue the city and there is usually a 60 to 90 day window in which you can file it before you lose the ability to sue.

Were any females in your neighborhood affected by this construction? If so, please post pics of them in the backyard.


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At least your crap will have somewhere to go now. Would you be on here complaining had the sewer line failed in your yard and it backed up in to your house?

That fence was at it's end of life, needed replaced anyway. Maybe you'll get a new one out of it. And those bushes, let's say they wouldn't be in a home and gardens magazine.

Just don't drop your Phil Rizzuto key chain in to that hole when you decide to broadjump it, that'll be a biznatch to get back out.


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I think a big part of the frustration is the eight foot deep hole in the back yard that is not marked or covered in any way.

cherry3m said:Who were you going to sue when your 60 yr old sewer line failed?

$50 says they would say its my problem and to go pound sand.


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lol @ the pics. The only thing missing is the sign they are supposed to post informing you that this project was funded by Stimulus Dollars.


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And this is the hole in my yard.

Link


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staci86 said:Unless the city was completely within the easement, you deserve to be compensated for what some bureaucrat has done to your property.If the city did the easement right, I'll bet they have done much less damage to OP's properties than the absolute maximum allowed under the easement.


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Looks like they are repairing at least part of your sewer connect. You should be happy you are not being billed for it.


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nycll said:staci86 said:Unless the city was completely within the easement, you deserve to be compensated for what some bureaucrat has done to your property.If the city did the easement right, I'll bet they have done much less damage to OP's properties than the absolute maximum allowed under the easement.

Could you expand on this some? What does the maximum under easement allow?


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dstoneburg said:And this is the hole in my yard.

Link
What? That is not the main line. I looks like the just your or your next door's hook up. They might be doing you a huge favor by replacing it.


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dstoneburg said:

<snip>

So given these circumstances, what would you do in terms of being made whole again?

Consult an attorney who specializes in these matters, rather than asking for legal advice from an anonymous internet forum?


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Not so much asking for legal advice, more so asking for intelligent individuals to weigh their opinions coupled with their experiences under these circumstances or similar ones.


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Check the easement grant, it should be recorded in your line of title. Figure out whether the easement includes surface use of the land or just subsurface rights (i.e., sewer/pipe line type of thing). If it is just for subsurface rights, there is no "encroaching" onto their easement for what you do on the surface of the land. Also, I believe they are responsible for the damage done to your trees, etc.

I'd definitely consider consulting an attorney.
With respect to the ditch, you should immediately call the subcontractor and demand that they erect safety fencing,


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dstoneburg said:And this is the hole in my yard.

Link

There's a distinct lack of Lassie and Timmy in that pic.


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tadr said:Check the easement grant, it should be recorded in your line of title. Figure out whether the easement includes surface use of the land or just subsurface rights (i.e., sewer/pipe line type of thing). If it is just for subsurface rights, there is no "encroaching" onto their easement for what you do on the surface of the land. Also, I believe they are responsible for the damage done to your trees, etc.

I'd definitely consider consulting an attorney.
With respect to the ditch, you should immediately call the subcontractor and demand that they erect safety fencing,

Great and useful information, thank you.


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tadr said:Figure out whether the easement includes surface use of the land or just subsurface rights (i.e., sewer/pipe line type of thing). If it is just for subsurface rights, there is no "encroaching" onto their easement for what you do on the surface of the land. It would be pretty stupid for the sewer easement not to have the right to open up the ground. Have you ever seen one?


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WTF this got to do with Obama...... red for you.


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Geez, I had a row of 25 year old arborvitae that looked about as ragged as yours and I had to pay someone to dig them out.


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They actually looked fantastic before the contractor went to work on them. The arborvitaes looked beautiful and provided an amazing fence/sound barrier to the neighboring yards. They were a nice selling feature in the house.


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This is how they looked prior to being 'trimmed' by the contractors. These are the ones on the other side of my yard.


Arborvitaes


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