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Takings: No Taking When Govt. Dumps Debris Into Easement Sinkhole

Friday, March 03, 2017

Proper use of a drainage easement could include filling a sinkhole with construction debris if doing so would improve drainage.

Facts: South Central Kentucky Properties, Inc. (South Central) owns a parcel in Kentucky that used to contain a cinder-block hotel and a sinkhole. Rain would pool in the sinkhole, creating a hazard. So when South Central began planning to demolish its hotel, it sent a letter to the Kentucky Energy and Environmental Cabinet (EEC) asking for permission to dump the demolition debris into the sinkhole. Doing so would solve two problems: (1) mitigate the sinkhole hazard and (2) provide a cost-effective means of waste disposal. The EEC denied the request. South Central sent a second letter to which EEC did not respond.

A few months later, a contractor for the Kentucky Department of Transportation (DOT) began dumping road project debris into the sinkhole. The DOT has a drainage easement and right-of-way over the property that cont[...]

Next: Easements -- Energy: $8K Award Premature: It Was Based On Ambiguous Pipeline Easement
 
Prev: Zoning / Historic Preservation: Zoning Board Had Authority To Interpret Ordinance, Approve Museum Addition
 
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