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Eminent domain controversy nears resolution

Monday, February 09, 2009

By Roger Phelps - Jerry Budrick

Glass Doctor
A firm grip for Plymouth on its water future is coming close to hand.

The city needs a pipeline right-of-way in order to replace its well water system, viewed as unreliable. After months, negotiations have reached a fruitful enough stage between Plymouth and the Evitt Family Trust that an Amador Superior Court clerk referred to a lengthy eminent domain legal challenge as "settled" on Jan. 23, a day the matter was scheduled for a review of the status of negotiations.

Plymouth and the Amador Water Agency have obtained an order of immediate possession, giving them the right to build the pipeline through Evitt's property.

However, trustee Russell Evitt isn't saying, as the court clerk did, that the matter is over whereby a pipeline around 8 miles long could cross Evitt property en route to Plymouth from Tanner Reservoir, near Sutter Creek. "I haven't seen a final draft yet," Evitt said. "It's not a done deal."

Remaining talks have to do with agreeing on the value of the easement.

Plymouth wants to move off "hard-rock" well water service to its 1,040 or so residents, said City Clerk Gloria Stoddard. The pipeline across Evitt land appears the only way.

"We need good, firm water service," Stoddard said. "The state of California doesn't regard hard-rock wells as a firm source."


Roger Phelps
Ledger Dispatch contributor


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