Biological Issue creates landlocked Parcel

[khuerth]

I got an interesting phone call. PIQ is adjacent to a public road, but the County has delineated a wetland across the entire parcel adjacent to the road. The parcel to the east is agricultural land with an "AG buffer setback" preventing a road being constructed within the setback, the parcel to the west won't grant an access easement.

Does anyone have any case law related to this situation? The parcel wasn't landlocked until the County delineated the area as a wetland. I didn't have a good answer and was hoping someone here had something?

I appreciate any help or ideas.

Kyle Huerth, PLS

[hellsangle]

Hmmmm sounds like a taking?

(Not much help, Kyle)

Crazy Phil - Surveyor to Recorder

[LS_8750]

I've been involved in these types of matters.

Because a government agency labels an area of land as riparian or wetland or whatever, that does not mean it is so. Consult a biologist specializing in that sort of expertise, get an attorney on board and determine where you stand.

Also, because a government agency labels an area of land as riparian or wetland or whatever, and the client's consulting biologist follows along with that designation, does not necessarily make that designation so. You need a specialist biologist and a specialist attorney, and probably a specialist engineer to investigate the origins of how that designation came to be....

Urbanization has a way of trapping or diverting waters which can have adverse effects on properties and consequences for those property owners.

Hope for the best and mop up the rest.