A lawsuit, filed July 20 in Lyon County District Court, asks the court to allow Rural Water District No. 5 in Lyon County to exercise eminent domain over county property owned by W.H.B. Cattle, an Oklahoma corporation.
The suit also asks the court to appoint three disinterested people as appraisers and set a date for the appraisers to file reports with the court.
A list of other defendants named in the action are American Tower L.P., a Delaware limited partnership, and W. H. Braum, another Oklahoma corporation, one of three lessees and sublessees of the property.
A spokesperson for the Braum company said the firm was not aware of the lawsuit.
W.H.B. Cattle shares an address in Oklahoma City with W.H. Braum, according to information from the Answer.com Web site.
Attorneys for the water district could not be reached for comment before press time this morning.
The water district’s petition states that it wants to control rights-of-way on the private property to construct and install water-line improvements in the district’s water distribution system.
The petition says the district will need both temporary and permanent easements to complete its work and supply water. Owners, tenants, lienholders and others with rights would have to provide “reasonable access to such land both during and after these proceedings.”
The district would remove trees, rocks, shrubs and other materials that interfere with the planned construction activity, and would replace or restore damaged areas, as well as pay compensation for any damages caused to growing crops, the petition states.
The petition requests the ability to place restrictions on above- and underground structures, including pond dams, buildings and other uses.
Topeka attorneys Quentin E. Kurtz and Gary H. Hanson filed the suit on behalf of the water district.
MelissaE (anonymous) says...
Nah.....Lyon County probably made them cap off all the wells (after pouring bleach in them first) and then made them install a lagoon.
I like how Lyon County Rural Water District No. 5 is represented by Topeka attorneys.
M
August 1, 2007 at 3:33 p.m. ( permalink | suggest removal )