Harrisburg drills well on wrong land

Monday, April 09, 2007 |
HARRISBURG (AP) - Ten years ago the City of Harrisburg punched a well for more drinking water. It was a heck of a well - up to 400 gallons a minute.
But City Administrator Bruce Cleeton has told the City Council that Harrisburg's most prolific drinking water source may sit on someone else's land.
It appears the well itself is on land owned by Ellen Leigh of Battleground, Wash., Cleeton said.
“I'm at a loss to explain how it ended up on her property instead,” said Cleeton, who was not working for Harrisburg at the time.
Both properties hug the east bank of the Willamette River.
Halsey real estate agent Dave Manley discovered the errant well last month. Leigh's Washington real estate agent had asked Manley to inspect the parcel. Leigh, who had inherited the land, was preparing to sell it.
“He sent me the tax lot information and I went out to look at it and I thought, ‘Hey, this doesn't look quite right,'” Manley said.
Manley called Leigh's Washington agent, who brought down Global Positioning Satellite equipment so the pair could pace off the property together. They compared what they found with Linn County records and sent the bad news to Cleeton.
Manley estimated that the well is about 20 feet over the property line.
Cleeton sent Leigh sent a letter apologizing and proposing that the parties try to settle the matter without lawyers.
Cleeton said the city is investigating whether Oregon's “adverse claims” law comes into play. Under that law, a party can take possession of property if it can show “an honest belief” that it owned the land, as well as clear proof of exclusive possession for at least 10 years.
Leigh inherited the land from her father, who bought a lot of properties sold as government surplus, Manley said.
The county puts the real market value of her parcel as $500. Cleeton has proposed that Leigh consider giving the portion containing the well to the city.
“The fact is, they dug a well on this lady's property, and they've been pumping water on it for nine years without any remuneration to her. What's the value of that?”
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