Wednesday, June 27, 2018

WOOLWICH TOWNSHIP STAFF & COUNCILLORS (?) ARE GOING TO COURT



You would think that they have better things to do with our time and our tax dollars. Apparently they don't think so. Many years ago Woolwich Township presumably with the blessing of Council built a water pipeline through private property. Now we all probably have water pipelines on our residential properties. How else do you think you get your municipal water from the underground pipes beneath the streets into your house? The difference of course is that the underground pipe is bringing water to your property for your use. The water pipeline that goes through the #86 Auto Recycling property doesn't go anywhere near the buildings facing Arthur St. in Elmira. It services the former Martin's Pet Food plant on Martin Lane just north of the former Paleshi Motors (now #86 Auto Recycling).That's right, the Township without benefit of an easement or any other legal right simply ran the pipeline straight through the back of the property now known as #86 Auto recycling.

When the owner Mr. Rattasid bought the property he of course did his due diligence.He had his lawyer look for any liens, chattels or easements. None were found at the back of his property which consists of several acres. The front can be readily accessed from Arthur St. The back has an access to High St. available he thought. Turns out that while High St. dead ends at his property there is a small problem. It's called a buried pipeline on his property running perpendicular to the end of the road. The pipeline is sitting in a area of sunken ground something like a ditch. Mr. Rattasid has been advised that he can not fill in or cover over the deepest part of the ditch which would give him egress and exit from his property onto High St.

So in a nutshell he has asked the Township for relief from a problem that they caused. Either move the water pipeline and put it on municipal property as is the normal, usual and legal practice or make some other accommodation to assist him. The Township as sometimes is their habit have chosen not to assist him in any way. This is clearly a property rights issue which the courts are now going to have to resolve. No one expects to leave the Elmira Pet Products plant in the lurch for water. It can hardly be their fault. However the Township have to do better than simply saying no we won't fix the problem we created through an illegal pipeline across private property.

No comments:

Post a Comment