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Prospective buyer told landowner must request tile vacation; board outlines options and hearing process
Summary
Prospective buyer Rajinder Singh asked whether a drainage tile that crosses a lot could be vacated or setbacks reduced to allow building; board members said only the property owner can file a vacation or relocation request and that any such request must be set for public hearing.
A prospective buyer seeking to build on property crossed by an agricultural drainage tile learned at the Sept. 2 meeting that the drainage board requires the landowner to file any petition to vacate or relocate the tile.
Rajinder Singh, who said he has an offer on the property at 221 Caplinger Place in Greenwood and that his "purchase will hinge upon the solution to this drain," asked the board whether vacating the tile, reclassifying the lot from agricultural to urban or relocating the tile were options.
A staff speaker identified as Roger advised Singh that the board cannot act on a vacation requested by a prospective buyer and that the landowner must file the formal request. "You would really need in order for this to move forward, you should ask the owner of the property to write a letter to the drainage board asking that that portion of the drain be vacated," Roger said.
Board members explained the process and limits: if the owner files a request to vacate or relocate, the board must set the matter for a public hearing and hear public comment before deciding. Roger clarified the owner could request either relocation or vacation and that either request would require a public hearing.
What Singh said: He told the board his purchase contract is contingent on finding a solution because the tile runs down the midline and under current setbacks he would not have room to place a house. "Our purchase will hinge upon the solution to this drain because... the lot is not buildable to the way that we want to," Singh said.
What happened next: The board recommended Singh have the property owner submit a written request if the owner wishes to proceed; the board tabled action because no formal petition from the owner was before it.
Ending: Board members said Singh could attend and testify at any hearing once the owner files, but the board will not initiate a vacation on its own motion absent a landowner request.
