Do Any Of You Have Personal Experience With County Road Widening Projects?

Yvonne G

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Clovis is widening the street that runs in front of my house from two lanes to six lanes (two in either direction with an extra for left turns, etc.) I will be losing about 10' across the front of my property. That's not bad, I can live with that, but what's causing me a big headache is they want to move my driveway north (I live on a corner). The move they want to make causes me to lose almost all my desert tortoise yard and goes right over my leach lines.

The main thing is, and what I'd like to hear from you about, is I'm so worried I'm going to be taken advantage of. I know nothing about these type of projects. The engineer said they're not using eminent domain, but rather will give each individual property owner compensation in accordance with property value and what we will have to do to get back to normal (fences, driveways, etc.) I have a very good quality redwood fence with cement border, a driveway I want to come in off of the street in front of my property and NOT off the side street, a pond that's going to end up about 3' from the new property line (will it eventually seep and erode and end up out in the street? I should mention that my lot is elevated with about a 8' rise from the street. So they're going to put a retaining wall across the front of my property) and various full grown trees and cactus that will be sacrificed.

Do any of you have any words of wisdom for me? (I really can't afford a lawyer)
 

wellington

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Wow Yvonne that's a tuff one. If you fight them they could really get nasty. The eminent domain even being said was kinda a threat. If your really nice too them it might go smoother but they still will get their way.
The first consult with an attorney is free. You might want too take advantage of that freebie and at least see what your rights are with this.
If you lose too much property or use of some, your taxes should be lowered. They should not be able to depreciate your property value, etc. lots of things you might be able to find out from an attorney.
If it were me. I'd fight as much of it that took away anything else. They already took too much of your land. That alone depreciates your property.
Good luck and take a free consult
 

jaizei

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Even if they are compensating you, if there's no choice then its basically eminent domain. It's more that you aren't forcing them to go to court.

2. The only way to really know is to get your own appraisal and quotes for the work to be done. Full grown trees can be valuable.
 

Momof4

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Yvonne, besides all the legal stuff. Can you ask a few of your neighbors what their compensation was? Maybe you could get a ball park. Was it $5000 or $15,000.
 

Momof4

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I know two people I can ask. Let me see what they say?
 

Pastel Tortie

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How big is Clovis? For a project that large, I'm guessing that the ultimate funding source would be state or (more likely) federal. It may or may not be important, but if you can pinpoint the funding source, it might give you a higher authority to plead your case to.

Every pot of money comes with its own set of strings attached. Such strings often include environmental reviews...wetlands, wildlife, protected species, potential for contamination of water, etc. What size is your pond?
 

Pastel Tortie

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Any way about it, road construction will be a huge headache and major disruption. Even after construction is completed, there may be an increase in traffic noise and disturbance, which would affect you, your neighbors, and your tortoises.

It would be worth it to figure out and list all of the negative effects to the tortoises (and other residents on your property) that you can come up with, so you can articulate it when needed. Focus on both the construction phase and post completion. Factor in the pond and any burrows, and highlight those negative impacts that affect species having any degree of protection, at any level.

Realistically, there's nothing you can do to cancel or reroute the road project, but maybe you could leverage the anticipated adverse effects into getting a retaining wall with more oomph... Preferably one that dampens the vibration and noise, and one that protects your pond from the road. Or if you need to move the pond, have them pay for the landscaping.
 
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Yvonne G

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How big is Clovis? For a project that large, I'm guessing that the ultimate funding source would be state or (more likely) federal. It may or may not be important, but if you can pinpoint the funding source, it might give you a higher authority to plead your case to.

Every pot of money comes with its own set of strings attached. Such strings often include environmental reviews...wetlands, wildlife, protected species, potential for contamination of water, etc. What size is your pond?
The City of Clovis levied a tax a few years ago for this project, and they have the funds already collected. The pond is just a small backyard-type pond - about 15'x20', don't know how deep because it's a mud bottom, but used to be about 4' deep in the center.
 

Yvonne G

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Thank you, all, for your insight.
 

Markg6

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I actually work for my local municipality. And the fact they are in personal contact with you is great. The usually case is send out notices that we will be working in your area soon.

My advice for you would be take lots and lots and lots of pictures for the restoration of your property. And I wouldn't back down on your driveway being moved, they need to prove why it can't stay where it's at.

If you keep any endangered or threatened species that could be a nice price to bring to the table. And the fact that moving your driveway could potentially hurt your income, since I'm assuming you sell the hatchlings.

I've seen entire jobs re-planned over customers who made enough fuss or called th right people.
 

Yvonne G

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I actually work for my local municipality. And the fact they are in personal contact with you is great. The usually case is send out notices that we will be working in your area soon.

My advice for you would be take lots and lots and lots of pictures for the restoration of your property. And I wouldn't back down on your driveway being moved, they need to prove why it can't stay where it's at.

If you keep any endangered or threatened species that could be a nice price to bring to the table. And the fact that moving your driveway could potentially hurt your income, since I'm assuming you sell the hatchlings.

I've seen entire jobs re-planned over customers who made enough fuss or called th right people.
Thank you so much!! It never occurred to me to take pictures. And, YES! Where they plan to move the driveway is right through the 'threatened' desert tortoise yard. And because they probably have the dreaded micoplasma, it makes it difficult to move them to a different area, or to be able to move a different species to that now smaller area.

I'm going to insist they take the driveway in off the main street, like I want it.
 

Lyn W

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What a lot of upheaval for you and the torts, Yvonne, so sorry you have to put up with that.
 

wellington

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Thank you so much!! It never occurred to me to take pictures. And, YES! Where they plan to move the driveway is right through the 'threatened' desert tortoise yard. And because they probably have the dreaded micoplasma, it makes it difficult to move them to a different area, or to be able to move a different species to that now smaller area.

I'm going to insist they take the driveway in off the main street, like I want it.
About the desert torts area and the micro plasma, have proof and facts in hand. If you can get your vet to write something up for you about the micro plasma and how it would affect that part of the yard and any torts you were to put in there, etc. That will weigh in much better then just your words.
 

orv

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About the desert torts area and the micro plasma, have proof and facts in hand. If you can get your vet to write something up for you about the micro plasma and how it would affect that part of the yard and any torts you were to put in there, etc. That will weigh in much better then just your words.
I believe that our friend Yvonne is a vet. I trully hope that you're able to reconcille this situation without too much more stress, Yvonne. Whatever happened to the integrity of one's own property in our nation?
 

Markg6

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I believe that our friend Yvonne is a vet. I trully hope that you're able to reconcille this situation without too much more stress, Yvonne. Whatever happened to the integrity of one's own property in our nation?

It's likely an easement they technically have rights to.
 

Yvonne G

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I believe that our friend Yvonne is a vet. I trully hope that you're able to reconcille this situation without too much more stress, Yvonne. Whatever happened to the integrity of one's own property in our nation?
No, I'm not a vet. . . I just have lots of personal "first aid" type tortoise experienc e.

It's a county road widening project. The street is going from a two lane to a six lane (two lanes either direction with enough space for left and right turn lanes. Eminent domain is perfectly legal. No easement. They just take your property. . . with compensation to the property owner, of course.
 

Momof4

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I also heard that you shouldn’t settle on their first offer for compensation, it’s the lowest.
I would fight for that driveway too!
 

Pastel Tortie

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I'm not familiar with how things are set up in California on the state level, so I'm going to ask a really dumb question (or a really loaded one, take your pick)... Yvonne, how many different people from state agencies visit you in a year? Are any of them from the State Veterinarian's Office, or the state health department?

I'm still mulling over the mycoplasma angle. It's an interesting one. Do you fall under any animal disease control programs or reporting requirements?
 

Yvonne G

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I'm not familiar with how things are set up in California on the state level, so I'm going to ask a really dumb question (or a really loaded one, take your pick)... Yvonne, how many different people from state agencies visit you in a year? Are any of them from the State Veterinarian's Office, or the state health department?

I'm still mulling over the mycoplasma angle. It's an interesting one. Do you fall under any animal disease control programs or reporting requirements?
No, I'm probably invisible to any state agencies. Occasionally the Clovis Animal Control people will bring me a turtle or tortoise, and I get a whole packet of desert tortoise registration forms from California's department of fish and wildlife every so often, but I doubt any state agencies or health departments have even heard of me.
 
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