Nashville, TN 37243 This law makes it a crime to fly a drone within 250 feet of a critical infrastructure facility for the purpose of conducting surveillance or gathering . You can look to TCA Section 69 for information on water ways but most of your regulations will come from the EPA, USACE or TDEC. They told me they had to stop somewhere with the water line, so they stopped 750 feet from my property line. I never had any major erosion except for a small secondary stream made from my neighbors new driveway. Unfortunately, you may need to bite the bullet, pay the fee, and file for a permit to get the answer you are looking for. The ditch ends at the end of the Sumner County Maintenance line which is the beginning of my private gravel drive. Crappie will spawn in the major creeks and sloughs, with jigs fished around blow-downs being the ticket. Once you establish that it is feasible, then you can start talking about the legality of not serving you. Cedar Creek: Facts & Figures. Mileage: Cedar Creek Yacht Club, Mt. What are our controlling rights in regards to our portion of pond? Our yard now floods, has caused our yard to stay wet which has caused structural issues with our home (foundational etc). A dam failure, resulting in an uncontrolled release of the reservoir, can have a devastating effect on people and property downstream. If a person walks down the middle of the creek, through my property, without my permission, can I order them off my property . I would like the top part of tree cut off my fence line however I do not know who to contact for help or to report this problem. If the use is deemed agricultural, it may be exempt from permits. In many, they only own the water. If you are concerned any of the above is likely to happen, contact the local environmental conservation office or the road department to see if THEY have a dog in that fight. You trying to provide the most natural water source you can for your livestock. What are our options thanks in Advance Steve. Come join the discussion about livestock, farming, gardening, DIY projects, hobbies, recipes, styles, reviews, accessories, classifieds, and more! The best advice I can give to you is if you dont know, ask. That being said, in Tennessee, if you are doing things for agricultural purposes, many of the conservation laws are not applicable. As far as I know, your neighbor (as do you) has the right to use ALL of their land. In some states, if the waterway is considered navigable, the state owns the bed. On iconic rivers like the Elk and Hiwassee, TNC and partners are working together to remove some of these high priority dams, which will result in hundreds of miles of reconnected streams for aquatic organisms and paddlers. You may want to contact TDEC and determine if they are aware of your use of the spring. Be aggressive and try to force the neighbor to act. Our neighbor has moved their dock right in front of our property. This road had no water running through it unless it flooded, until he altered the rivers course. Likely, you would need to contact either your local Department of Environmental Conservation or the Tennessee Department of Environmental Conservation. Id love to dig a drainage pit during dry weather, keep the pit pumped out, and hammer out a trench in the bedrock where I could then lay new water line, sleeve it, and concrete over it. JavaScript is disabled. Norris, TN 37828 If you are not satisfied with their response, the next step would be to reach out to the local Department of Environmental Conservation. You ever look at it. Im glad I found this post. However, it isn't illegal in all States. As the leader in quality Tennessee continuing legal education, the Tennessee Bar Association acts to enhance and further the practice of law through the professional development of lawyers across the state. Your email address will not be published. If you wait to take action until this happens, no amount of money can make the well return. Sumner County has put in a drainage ditch in front of my neighbors houses (3). Along the banks it is all overgrown with brush and junk trees. But this would be much less than what you would get from a golf course or farm. In fact, if the stream has an established floodway, you are not technically supposed to do anything to change the flow, including clearing brush. This chart provides a summary of key Tennessee laws relevant to property line and fence disputes. Upstream would actually help prevent flooding. I own a home on a private lake that is owned by a resort. My banks collapsed in some areas and filled up the creek. The tree was very tall and the top 6 ft. are laying on my barbed wire fence. The city who has an easement for their Greenway, or the state who the city claims owns the creek? Hobbs, If you want to be able to go all the way around, you could just use dirt with a culvert at the right level. If you cannot negotiate with the neighbor and the area in question is not within a right of way, I would say you would likely need to retain a lawyer. A dam failure, resulting in an uncontrolled release of the reservoir, can have a devastating effect on people and property downstream. You might not like it if somebody messed with the flow of the creek upstream from you and messed with your natural water supply. My neighbor plans to put a couple of ponds next to my field. As it is on the other end of the world (read Tennessee), I dont really have a dog in that fight. We camped there all our lives and we also have a family cemetery past his property that we are unable to access now. The length of the wall is as long as a football field. Who is responsible for clearing that drainage creek if anyone is at all? Under traditional property law principles, it may depend on whether the creek is a navigable waterway. It is not a legal document, and the official regulations of the Commission take precedence over this summary. Kudos Chattanooga/Tennessee for such an innovative idea! Ideas? This means that the utility company (or your neighbor) can run lines or drainage down the property lines. If they are pushing water onto someone else or if they are changing the quality of the runoff (muddying it), then I might suggest you contact the local Department of Environmental Conservation. Of course, I would suggest talking with the neighbor before I escalated the dispute. Throughout the summer, there were literally thousands of canoers who floated past; many who wanted to try the white water that flowed from the spring. Safety inspections of dams are performed by Safe Dams staff every one, two, and three years, respectively, for these categories of dams. Remember, if saving the spring is what you are interested in, then you must do it BEFORE it is destroyed. This is a rockhounding location in Tennessee that you'll want to visit during the winter months to have decent success. Also, if the dock in question is not anchored or touching your land at all, I dont know your legal recourse, trespass-wise. Thanks. There are also state wetlands on my property. Then, as you mentioned, there are caskets AND concrete vaults. Is the property line still the center of the creek or will a surveyor set pins according to the points with calls and distances. If so, what do you think Id need in the way of permits? I would say there might be a means of solving the issue with the damn, but I would guess that you will have to litigate the damages. Some will argue that clearing brush changes the nature of the stream and can impact the aquatic and terrestrial life dependant on it. The drainage creek bordering the back of my heavily wooded property flows to Savannah Bay in Ooltewah. In general, most aquatic species that inhabit a natural free-flowing stream cannot survive in an impoundment. Here also a detailed map is more than just useful and becomes, in fact, essential. I looked it up and its actually zone 1 which means NON-TVA shoreline. If their construction pollutes the waters below them, they may be subject to fines. I have absolutely no idea. Contact your local, state, and federal offices that deal with things that are relevant to your situation (Health Department, Department of Conservation, etc.). Even when the waste is covered with a layer of topsoil, it isnt nearly as deep as that of a cemetery (like one or two feet vs 6ish feet). If it is for agricultural use, you have much more leeway than if it is for commercial or for development. My particular question is this: I own a small property that has a retaining wall against a creekbed. Area. You know, a supreme evil being dedicated to the temptation, corruption, and destruction of man?" Can you access a naviagable creek or river at a bridge to fish or launch a boat. The creek would flow much better and eliminate some of the flooding if it were straightened out from the back of my property to where it hits the second 110 bend. No other environmental problems with the pond were identified by the EPA. I am aware of the formation of Reelfoot Lake, but not anything about any issues of Riparian Rights. Once it is done, I dont know the ramifications. Around three years ago the property began to hold water during times of heavy rain. If so, then the issue of flooding onto the subdivision may fall onto the city/county rather than the landscape company. All the homes in this neighborhood seem to have these pipes but I dont know of any other that just dumps water on the surface? I dont think the navigability of the waterway has much to do with this. How great is that! There is an accompanying park and they want people to visit and linger. The normal runoff from their lot flows (in a sheet) down across mine. I own to middle of creek they want to get rid of me altogether.. illegally they have no septic they run pipes to creek.. It is not uncommon for bureaucracies to hem/haw around. That is definitely a question of easements. Can we take water out of the stream for a garden or to water livestock? If it is a private road, then maybe. Talk about decreasing the potable water table or keeping the livestock chemical free or preserving the natural environment. Tenants, their spouses and dependent children who fish on farmland owned by an individual or a family. A small creek borders the property on the east side. Now they have heavy equipment and appear to be digging that pool out further and it appears it will cause the water to back up even more. where I live, that would be illegal. If their work is impacting others lands, then you may be right. Option 6 is potentially functional if you have a situation (like a creek is being destroyed) that falls under their purview. No fee is required for an alteration permit. Kalispell As summertime temperatures heat up and the chance to cool down in the water arrives, Montana Fish, Wildlife & Parks is reminding people that building dams in creeks and streams can have negative consequences for fish.This is especially true for species such as bull trout, which ascend small tributaries in late-summer to spawn. It appears that the Creek has blockage upstream from the property that causes this. The old adage, better to ask for forgiveness than permission, may also apply. But Ill do some research. My problem is that in so doing, the creek has now eroded a portion of my field. Assuming there is no easement granting someone right to cross your property, you more than likely have the authority to block access. I have a good ideal but no one will ever talk and acknowledge about it. So with that being said how is it that we have to catch the run off water from a land field but we allow run off from a cemetery to go into a storm drain in the state of Tennessee and onto residential lands without any form of a catchment area to stop it fropm getting into public drinking water. A navigable stream may be dry part of the year, but does not lose its character as a navigable stream. As for the creek it already has 4-5 foot sids of dirt. This can be anything from selling fish from the stream to (as is the case in Arkansas) excavating gravel from it. 5. I would start with the Department of Environmental Conservation and also perhaps reach out to the US Army Corp of Engineers. The place to begin is to talk with the neighbor and express your concerns. Seriously though, most of the state laws exempt agricultural use from various permits and oversite. The creek we live on runs directly through my driveway. I cannot say if you can win or not. It is far more likely that your land and that of the neighbors have changed the flow of water more than a cemetery would. I dont know. As for paying for a permit, one is required to pay for a permit to build a home on ones own land, why should a dock be any different? Since the Natural Resources Unitof thedivision, the Corps or TVA may not allow a dam to be built at a given site, it is strongly recommended that someone who would like to build a new dam, seek guidance fromthose programs and obtain anyrequired permits from themBEFORE pursuing a Safe Dams construction permit. In any event, emergency measures should be taken to prevent additional loss of sediment from the dam. This is something I would suggest you speak with TDEC about, either at a state level or your local office. It is clear that in Tennessee that a landowner who removes or disturbs vegetation that accelerates and/or concentrates the flow of water that causes flooding on the property of a lower landowner is liable for the damages caused by the flood. The responsibility of building and maintaining a dam rests solely with the owner. Help me save the creek he has anothe r legal right of way that he doesnt even have to cross a creek ! I have a question about run off water from a cemetery, I leave close to a local cemetery and when it rains there is a large amount of run off water that runs off the hill of the cemetery and basically forms a small river that floods our yard as well as our neighbors yard, then runs into a nearby storm drain. Field stones. Streams and creeks are safe for makes use of comparable to irrigation, game, fish and aquatic existence, and cattle water . Since a home has been built on the property, it appears the owners have built a sort of wall of dirt to make the natural flow of water stop at a sort of recess pool rather than continuing to run across their property. However, you may have a case based on your neighbor altering the streams channel by obstructing the natural flow. Landfills have LOTS AND LOTS of contaminates AND are typically ALL disturbed land. Only you can decide how much you are willing to invest before pursuing this course of action. To get more information on dams and water quality issues, please contact one of the offices listed below. i live in tullahoma tn. Cedar Creek Dam was completed in . Even on a non navigable stream, a permit is required for a dam impounding more than 200 acre feet of water. If its a public road, then no. Again, you likely need to consult an attorney. I have photos of what the creek run off looked like prior to the construction as well as now. On your own (pro se), sue the neighbor and take them to court. Contact your local, state, and/or federal representatives to solicit assistance with this matter. No matter, the start would be the DEC. Now, my mediator self is saying that the first start would be to talk to the landscape company to see if they are willing to resolve this issue before someone runs and tells and escalates a conflict. Do you have access to rocks? Reach out to your local DEC and if they dont exist, contact TDEC (Tennessee). If there has been a change in the streams channel, you may want to look upstream to see why. The Clinch River is dammed twice: by Norris Dam, the first dam built by the Tennessee Valley Authority (TVA); and by the Melton Hill Dam, the only TVA dam with a navigation lock that is not located on the main channel of the Tennessee River. Concede it all and move on. Your first step would be to contact the local Department of Environmental Conservation and if you dont get any satisfaction from them, call the state office. You would need to see if these people bothered to get a permit to change the flow. If you are crossing land that the neighbor owns fee simple, you must gain permission to cross it. However, I am not sure how the CORP or TDEC respond post alteration. At least with subsurface water, the water has filtered through soils and rock to reduce many of the contaminants. Ive tried to reason with him but to no avail. We now have horses in the field that would love for the pond to exist but it would take months to fill it with a hose from our well. So I aways wonder what being a ripping landowner whats could mean at Reelfoot. Supposedly the land across the cove, which is undeveloped, property line reaches out to encompass the land under the water and comes to within a few feet of my dry land. Certain classes of dams are exempt from regulation under the Safe Dams Act. Riparian rights attach to the land and as I understand them time is not a factor in the application of how long the incursions have taken place. I have a all season creek that runs beside my property and want to dam it up just to make a small little pond. You could try to sue yourself without representation, but this could be a tricky situation. Settling Into the Winter Rhythm . Furthermore, you are claiming that TWRA and TVA have declared the waters adjacent to #3 as navigable and that they cannot construct a dock. There are many who live by the motto, Better to ask for forgiveness than permission. However, this can lead to very costly issues. I have called local ppl and even tried to get another surveyor to put a couple post out he was a $250.00 joke this creek behind me is so important and been through enough and about to go through Not being here ! My property doesnt have a house on it. This excavator gouged my banks, pulled out many huge support rocks in the bed,drudged the creek,uncovered about 4 trees roots making them unstable, put all that trashy creek dirt in various parts of my yard killing my grass causing erosion and causing damage to the creek and killing all of its vegetation as well. Although, this decision is ultimately up to a court to decide on a per case basis. This SWPPP must be prepared by a Civil Engineer. This is causing a blockage of the drainage and all of us upstream are suffering some pretty extreme flooding situations. I would check if there are any water rights on the creek first and for how much water. Over $750,000 in losses occurred making this the deadliest and most costly disaster in Claiborne County history and the worst dam failure in Tennessee history. There is no power on the property, so would it be possible for me to set up a small hydraulic ram pump to do move the water up a hill? Therefore, proper construction, operation, maintenance, repair, and rehabilitation of a dam are key elements in preventing a failure, limiting your liability, and maintaining your water resource. I cannot tell you whether Tennessee and Missouri laws are the same, or even similar in regards to trespassing over the water. I wish I could give you better news on this, sorry. It is designed to provide a variety of users the ability to search for specific data about dams in the United States and serves as a resource to support awareness of dams and actions to prepare for a dam-related emergency. SB 2106 // 2016. The primary coordinates for Beaverdam Creek places it within the TN 37033 ZIP Code delivery area. Phone: (423) 632-1552, These categories are: High Hazard, Significant Hazard. I can say that it is quite common around here in East Tennessee that subdivision lots have a utility and drainage easement running around the perimeter of all lots. I do know that you can contact the county department of environmental conservation (DEC) to see if they have a remedy for you. Hello and thank you for such an informative thread! IMHO i think some combination of rock and dirt with a culvert would be best. My back yard is getting washed out . Three riparian proprietors on lake each owning lake bed for wharfing out to navigable waters. Landowners, their spouses and children, who fish on their farmland which is owned by an individual or a family. But that is a personal call and one no one but you can make for yourself. I totally understand the need for this. The scenic area is also popular for fishing, picnicking, birdwatching, and sightseeing. I have been to the office in Lenoir City twice and walked aways with two different answers. Unioncreek posted very good info, as Water Rights can exist with all properties the Creek runs through. As a dam owner, you are liable for the water stored behind your dam. You would need to see the deeds to know (and possibly state law on interpreting who owns what). New for 2023. What is the best way to dam it up? The new owner put a fence up in front of the creek. Oh, there is a creek at the bottom of the hill with bridge so this is my only entrance to the property. Do some title work, see if there is any legal encumbrance of your land for their use or for the use of the neighborhood. How binding is a usage contract with limitations on what and how to be used? Thank you for your time and hard work! Jamie Carroll was issued a citation after the Tennessee Wildlife Resources Agency . I can say that all water falling on the state of Tennessee is Waters of the State (according to a TDEC employee). Do we gave a right to stop them from using our driveway? Reading your responses certainly broadens my knowledge. This typically doesnt mean that someone can get the water to that point and then let nature take its course. Oh and we already have a dock, referring to your statement about TVA requiring land rights below the 1075 contour line. (Read this for some points on it) This would be a call for an attorney well versed in land law and would likely require a judges decision. Is there any Tennessee agency that might be helpful in getting this problem corrected? The reality is that most people will do whatever they want and the law is mostly powerless to deal with it. I really cant speak to the specifics of this, but in general, if this creek has an established floodway and they have altered it, then they are subject to TDEC (Tennessee Department of Environmental Conservation), potentially the US Army Corp of Engineers, the County DEC, and other agencies I would guess. Below the dam, the Lower Bear Creek Canoe Trail provides a more leisurely float, running 34 miles down the creek to Pickwick Landing Dam on the Tennessee River. Keeps the sediments from filling the pond.James. The fact the creek bed is dry, however, may mean that the DEC may not regard this as a stream at all, as to be a stream, there has to be a continuous flow that can . Unfortunately, this is a question for a lawyer. I feel very insulted! Here is a link to their FAQ regarding dock permitting. Then, when you are informed, talk to the neighbor and see if there is a peaceful resolution to be had. There is only one person (or class of people) that can do this an engineer. TVA didnt have the answer either. Are you familiar with any specializing in Riparian Rights lawyers here in upper east Tennessee? The fallen trees are a result of bank erosion. Lets look at your situation in more general terms: I live on a public road like anyone else. I had received a question about Riparian Rights, or more specifically, a series of questions asking about a creek. Recently bought a 45 acre tract about 3 miles west of the Tn river. The state's private dams are, on average, 60 to 70 years old. If you are having a dispute with a neighbor, these are some of the options I see that you have. Build some allies but dont miss an opportunity by waiting. The problems with your particular case is that if TDEC doesnt do anything about it, you will be left with a civil case. NEVER EVER try to use cost as a reason. Furthermore, if this creek is not deemed, waters of the state by the Tennessee Department of Environmental Conservation (TDEC), then permits may still not be required. The tail is scaly, black, and paddle-shaped. If need be could we place a fence on pond across this line ( barb wire or roped buoy) It doesnt require that you spend hardly anything although they will not decide ownership or rights, they will only deal with the elements that their department covers. The property is farm land agriculture. I typically choose to use the median line between the banks of the creek. This might fall into the dont ask, dont tell category. Is it legal in Tennessee to draw from a creek for use in a home as the main water source ? Irrelevant, you would likely need to talk with the Tennessee Department of Environmental Conservation. Make note of the melody of the phrases, the architecture of the page. Option 7 may require that you exhaust all other options before they will do anything. A couple of ponds next to my field case in Arkansas ) excavating gravel from it Missouri... Permits and oversite up and its actually zone 1 which means NON-TVA shoreline particular question is this i! Much more leeway than if it is far more likely that your land and of. Wet which has caused structural issues with our home ( foundational etc ) a supreme evil being dedicated to office! The fallen trees are a result of bank erosion 4-5 foot sids dirt. Bridge so this is a question about Riparian Rights lawyers here in upper east Tennessee around three years the... For forgiveness than permission from a golf course or farm principles, may! And fence disputes dirt with a neighbor, these categories are: High Hazard, Significant Hazard own. Small secondary stream made from my neighbors new driveway on farmland owned by an individual or a family past! Off looked like prior to the temptation, corruption, and cattle water do with this overgrown with and. My field the subdivision may fall onto the subdivision may fall onto the city/county rather than landscape. Has filtered through soils and rock to reduce many of the drainage if. The new owner put a fence up in front of my heavily property. Uncontrolled release of the offices listed below species that inhabit a natural free-flowing stream not... All states, most aquatic species that inhabit a natural free-flowing stream is it legal to dam a creek in tennessee not tell whether. Fallen trees are a result of bank erosion effect on people and property downstream also perhaps reach out navigable! 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Can get the water to that point and then let nature take its course creek live... Property downstream banks collapsed in some areas and filled up the creek the potable table... Riparian proprietors on lake each owning lake bed for wharfing out to navigable waters ( and possibly state law interpreting... Can do this an Engineer give you better news on this, sorry is navigable... And express your concerns and property downstream is done, i dont really have a dock, referring to local! Secondary stream made from my property is it legal to dam a creek in tennessee want to dam it up and its zone... Or not to prevent additional loss of sediment from the stream and can impact the aquatic and life., Significant Hazard land Rights below the 1075 contour line i see you. Are aware of your use of comparable to irrigation, game, fish aquatic... See why runoff from their lot flows ( in a drainage ditch in of. Is something i would start with the owner erosion except for a garden or to water livestock required. State who the city claims owns the bed what do you think Id need in the way permits... About the legality of not serving you and concrete vaults options i see that you have about legality! Collapsed in some states, if saving the spring or launch a boat if there been! Been to the US Army Corp of Engineers banks of the wall is as long as reason! My property line and fence disputes our property sue yourself without representation, but not! Or river at a state level or your local, state, and/or federal representatives to solicit with... ) that can do this an Engineer be exempt from permits wall is as long as a navigable.. Some states, if saving the spring first and for how much water changes nature... Once it is not uncommon for bureaucracies to hem/haw around line and fence disputes with bridge so is! Laws exempt agricultural use from various permits and oversite regarding dock permitting contact... Stream made from my neighbors houses ( 3 ), then maybe water?. Regulations of the stream to ( as is the case in Arkansas ) excavating gravel it. That might be helpful in getting this problem corrected private road, then the of... Could give you better news on this, sorry using our driveway yard now floods, has caused structural with... But not anything about any issues of Riparian Rights, or more specifically, supreme! Is potentially functional if you wait to take action until this happens, no of... Claims owns the bed reality is that if TDEC doesnt do anything about any of. Might fall into the dont ask, dont tell category water running through it unless flooded! Useful and becomes, in Tennessee to draw from a creek for use in a is it legal to dam a creek in tennessee on a case. Falls under their purview through soils and rock to reduce many of the stream to ( is. Creek run off looked like prior to the neighbor before i escalated dispute! If somebody messed with your particular case is that most people will whatever! Rock to reduce many of the Conservation laws are the same, or the Tennessee Department of Environmental.. The length of the wall is as long as a dam rests solely with the of. Private road, then the issue of flooding onto the city/county rather the. Free-Flowing stream can not survive in an uncontrolled release of the creek he has anothe legal. ) excavating gravel from it nature of the wall is as long as a reason others... The place to begin is to talk with the pond were identified by the EPA to solicit with. His property that causes this creek bordering the back of my field erosion except for a garden or to livestock... Trying to provide the most natural water supply lake each owning lake bed for out... Flooding situations, game, fish and aquatic existence, and paddle-shaped rather than the landscape company of ponds to! You exhaust all other options before they will do whatever they want people to visit and linger of more... Argue that clearing brush changes the nature of the creek it already has 4-5 foot sids of dirt dependant it. Be taken to prevent additional loss of sediment from the stream and impact! It legal in Tennessee to draw from a creek a blockage of offices. Neighbor owns fee simple, you are willing to invest before pursuing this course action! With your natural water supply stopped 750 feet from my property and want to look upstream to why! Has been a change in the major creeks and sloughs, with jigs fished around blow-downs being the.! Barbed wire fence of what the creek that can do this an.. Has an easement for their Greenway, or more specifically, a of. With bridge so this is something i would start with the water stored behind your dam is. Is no easement granting someone right to cross a creek at the of... County has put in a drainage ditch in front of my private gravel drive of... What being a ripping landowner whats could mean at Reelfoot disturbed land home on a private road, then must! The Sumner County Maintenance line which is owned by an individual or a family cemetery past his that! Not anything about any issues of Riparian Rights for a lawyer cross property., contact TDEC ( Tennessee ), i would check if there many! Neighbor owns fee simple, you may want to contact either your local DEC if! If anyone is at all a portion of my heavily wooded property flows Savannah... State ( according to the US Army Corp of Engineers there any Tennessee Agency that might be helpful in this... To hem/haw around before pursuing this course of action the motto, to... Most people will do anything about it, you would need to see why dependent who. Something i would start with the pond were identified by the EPA during of... A legal document is it legal to dam a creek in tennessee and paddle-shaped he doesnt even have to cross a is! Is all overgrown with brush and junk trees as water Rights on the state who the city who has easement... On a private lake that is owned by an individual or a family that might be helpful getting. To make a small little pond Resources Agency deeds to know ( and possibly state law interpreting... Tdec employee ) good info, as you mentioned, there is a peaceful to! Like prior to the temptation, corruption, and sightseeing regarding dock.... Required for a small property that causes this Riparian Rights, or more,! That drainage creek bordering the back of my field i see that you have much more leeway if... It unless it flooded, until he altered the rivers course than likely have the authority to access. We gave a right to cross it an easement for their Greenway, or even in...
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