Utility Easement Question

[mr_nibbs]

What is the name of your state (only U.S. law)? South Carolina

Can the county put a storm drain on my property without my permission? No current easements exist.

 

[single317dad]

The short answer is "They'll probably get it done whether or not you desire it." There are laws which protect your private property, and the government is not exempt from those laws, but there are also laws in place to allow the construction of projects for the public good over the objections of one or a few.

Your specific county or town will be relevant here, as each will have passed its own set of ordinances (possibly based on a statewide guideline) that describes public works construction projects. Here, for example, is Greenville County's summary:

https://www.greenvillecounty.org/land_development/pdf/designmanual/DesignManual_Chapter4_revJan_2013.pdf

https://www.greenvillecounty.org/la...nmanual/DesignManual_Chapter4_revJan_2013.pdf

You should be able to get a copy of your local ordinances at either your zoning office, plat office, or city/county council/manager, or their websites if such exist.

 

[154NH773]

They can obtain the easement through eminent domain; however, they will have to prove it is in the public interest and you will have to be compensated appropriately.
You would have the opportunity to object and appeal any ruling and compensation amount.
If you feel you are being treated unfairly, get a lawyer.

 

[154NH773]

Couldn't edit my previous post to include this .
The short answer is NO, they cannot place the storm drain on your property without your permission if no easement exists.
You can negotiate and grant them an easement if you'd like. If you refuse, they will have to go to court, at which time you will have the opportunity to make your case why they shouldn't be granted an easement. If the court orders an easement be granted, you will have the opportunity to appeal any compensation they determine.
It would probably be in your best interest to stay out of court, and to set a reasonable compensation for granting them an easement.