Letter: Uneasy about easements

I would like to add my comment to the current debate on easements and right of way.

For many years, Brentwood Estates has had a worsening problem with an open ditch running through our private property. This involves 20 or more homes in this area alone. Four major streets drain into this open ditch behind Plantation Road. Each heavy storm causes the problem to worsen.

The ditch is widening and has already done major damage to homes, trees, swimming pools and fences.

This ditch carrying water from city streets has turned our plat into a major flood plain.

What disturbs me in this current discussion is the fact that our own city attorney, Len White, makes the bold statement in your article that private property can be taken and used without paying for it.
He even admits that areas of private property are currently being used for city purposes in storm drainage.

I have talked with him personally on this issue and he has been informed that the Fifth Amendment to our federal constitution plainly states that no private property is to be used or taken without proper remuneration. That is why we have the law regarding easements.

For years, our private property on Plantation Road has been inappropriately used by the city and, from Mr. White’s own admittance, other properties are involved in this issue.

I feel that it is time the City of Dothan steps up to the bar and begin the implementation of proper easements and proper storm drainage for our community.

I feel that Mr. White can do all of Dothan a service by giving the city and the mayor sound legal advice.

Truman Ferguson
Dothan