Property owner upset with city's right of way acquisition

Whitehouse's water situation just keeps getting more complicated, as the city's effort to acquire a right of way easement to lay a water line for one of its wells has upset property owner Donnie Green.

Green owns a miniature donkey ranch off Lilly Road (behind Southside Bank). The city wants to run a water line down Lilly Road, across Green's property approximately 1,000 feet and then under Hwy. 110 to tie into an existing lift station.

Green received a certified letter from the city last Friday, offering him $10,000 for the easement. If he rejects the offer, the city intends to assert its right of eminent domain, which allows a government entity to take private real estate for public use, with or without the permission of the owner. The Fifth Amendment to the Constitution provides that "private property (may not) be taken for public use without just compensation."

If Green does not accept the offer, the city will start the process of filing for eminent domain, which typically takes about six weeks, said City Manager Ronny Fite.

Green expressed frustration with the way the situation was handled, including saying that he wasn't notifed before surveyors and appraisers entered his property, but his primary concern is how the easement and infrastructure will affect his property value.

"I've got my property listed for sale," said Green. "It's going to ruin my commercial value."

Green said the presence of an easement would discourage sales and that the water line itself would prevent development. "This affects my future and my kids' future and could have a dramatic effect on that," said Green.

Fite said that a parking lot could still be built over the line, but that Green or a future developer would not be permitted to build over that area regardless of the water line because it is a low flood plane area.

Fite said this was the main reason for running the line across Green's property (as opposed to other options) and said the city planned on adding a gravity sewer line to this area in the future.

The authorization to seek the right of way through purchase or condemnation was granted at last month's city council meeting. Green was not present and said he had been led to believe that the city was no longer considering his property.

Fite said he did not recall speaking to Green about the need to attend the meeting or not , but said he could still speak to the council at a future meeting. If the city files an eminent domain request, a board will be appointed to hear the case.

The city's offer of $10,000 is double the appraised value of the right of way property, said Fite. If the acquisition goes to a hearing and is approved, the board will decide Green's compensation.