Clemson May Use Eminent Domain to Take Part of Homeowners’ Backyard
CLEMSON - Looking out from the porch of Joe and Sarah Lauerman’s house, one can see Five Mile Creek flowing toward Hartwell Lake through the trunks of 100-foot tall trees.
That view and natural habitat are the last thing the Lauermans want to lose.
But unless some agreement between the Lauermans and the city of Clemson can be reached, Clemson may use eminent domain to take part of the Lauermans’ backyard to install a sewer line.
According to Rick Cotton, city of Clemson administrator, if the Lauermans and some others do not agree to give the city an easement on their properties for a proposed sewer by Jan. 18, the city may proceed with plans to seize the properties.
The sewer line would run along Five Mile Creek, alongside the Pickens County sewer line. Its path could run through the Lauermans’ yard, eliminating some of the white oaks and other trees that tower over the property.
What the Lauermans don’t want is for their property to end up like that of Starlett Craig, their neighbor on Lynwood Court in Central, Sarah Lauerman said.
In 1998, Pickens County came through Ms. Craig’s property and eliminated some 75 to 100 trees to install a sewer line. Now, the lush, wooded, natural habitat is gone, replaced by a swath of grass along the creek and a nearly 2-foot-tall manhole.
For nearly nine months, the Lauermans and others on their street have been fighting to maintain the character of their property, Mrs. Lauerman said.
The city has asked some 19 residents outside the city for easements on their property to build the sewer, Mr. Cotton said. So far, all but six or seven have signed.
Mrs. Lauerman and Ms. Craig are among those who haven’t signed. They said they have been negotiating with the city to save some of their trees, or at least receive compensation for the loss of them.
While the city estimates the property is worth around $2,900, the Lauermans say the property is worth more than $32,000.
The city rejected the Lauerman’s assessment. In a letter dated Jan. 3, the city set a settlement deadline for Jan. 18. If no settlement can be reached, city officials said it would proceed with condeming the Lauerman property.
According to Mr. Cotton, not much more negotiating can be done.
“We will probably meet one last time. At some point in time, we’re going to have to agree that we’re not going to come together,” he said.
But what bothers Mrs. Lauerman is that there haven’t been any amendments to the previous proposals, she said. While the city has agreed verbally to concessions, Mrs. Lauerman said, nothing residents have received in writing speaks to residents’ concerns.
If an agreement is not reached, Mr. Cotton said, the matter will be brought before the Clemson City Council at its Jan. 22 meeting where the council will decide how to proceed.
Mr. Cotton said he felt the council would probably proceed with eminent domain and let the courts figure it out.
Mrs. Lauerman and Ms. Craig said they wonder why the city can’t use Pickens County’s line.
According to Mr. Cotton, the line has been in the works for years and will take over the deteriorating sewer system from Heatherwood Lagoon in Madeira.
For now, the Lauermans and Ms. Craig wait and hope that they will be able to work something out with the city.
“We want them to have their sewer, but we just want to be protected,” Mrs. Lauerman said. “We’ve invested a lot in our property, and we really want to protect our investment.”
Anderson Independent-Mail News
By Liz Carey Thursday, January 10, 2008
Comments
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Posted by patriot: Property rights are non-existent. This property will be stolen by the city for far less than market value. The United States Supreme Court approves such actions. If the property owners do not concede to this extortion, the city will condemn it and take it for nothing. Is your property safe?
Posted by CC: The exact same thing happened to us last year in Anderson Co. The govenment condemned our land and they took a 50 foot right-away for a sewer line. They ground up lots of beautful hardwood that had been growing there for 70+ years. The American Citizen has No property rights when it comes to the Govenement wanting their Property. You paid for every inch of the land, you take care of it, you pay your taxes and they come and take it! Good Luck.
Posted by keoweekat: No one in the united states owns any property you only rent it from the government and they allow you to use it. miss your rental payment or as the like to call it (taxes)and the will evicted you. But one court in greenville did have the common sense when the city of greenville stole a family business and residents in downtown to build a set of stairs to the river and payed a fraction of the value to the owner the owner sued and was awarded the millions of dollars the property was worth and the city greenville and the mayor were then the ones being forced to pay and having to explain to the residents why this project now cost so much more.Good luck with your fight. And if this property is only worth 1/10th the value of the appraised value then there is some property in Clemson that I would love to purchase from them.
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