Posted: Sat, 8 Aug 2009 09:21 AM - 7,523 Readers

By: Ryan Loyd

Some lakefront property owners say Cedar Park is using eminent domain as a way to claim part of their land.

Now they're fighting back.

Jonestown resident Marlon Coplin lives on the north side of Lake Travis and enjoys his lakefront property. But he is being taken to court by the city of Cedar Park because the city wants eminent domain rights of his property. By September, an intake barge in planned on being built in order to supply water to Cedar Park.

"They could bring their barge over and pump as much water as they want or need," he said.

But Coplin isn't sure what the city is planning on doing with the barge permanently.

According to Melanie Carr, who is Cedar Park's communication manager, the barge will not be a permanent fixture behind Coplin's home. But if the city wins its lawsuit and obtains the easement near his home, that is something that would be permanent.

"We offered to give the land to Cedar Park for a temporary use and that could be a long period of time. When they get through with it we would like our land back," said Coplin.

Carr said the city's floating raw water contingency project is set to begin in September. The project's plan states that the construction would start whenever the Lower Colorado River Authority informs the city that Lake Travis is within six months of the lake level dropping to 620 feet. That is about this time, said Carr during a phone interview Friday. At the rate the lake is dropping, it will be next June when Lake Travis reaches that level.

Currently, an intake barge operates in the Sandy Creek arm of Lake Travis. The new barge will be built 4,000 to 5,000 downstream from the original barge in order to obtain deeper water.

Coplin wants to be neighborly. But he still argues: "They don't have to do eminent domain. We're not trying to keep the citizens of Cedar Park from getting water," he said. "We're trying to help them get water."

Coplin doesn't believe that taking his land, and lowering his property values, is the right way to go about helping his neighbors in Cedar Park.

The Texas Legislature tried to pass a bill that would have made it more difficult for state government to condemn someone's land and claim it for eminent domain. It passed the senate, but it didn't make it through the house before the session ended. Marlon has a fighting chance of at least salvaging the value of his property, if voters in November pass a constitutional amendment on eminent domain. It will mean that property taken must give landowners fair market value.

"Just the land itself is worth $800,000," said Coplin. "They're offering me $42,000." As it stands now, Coplin feels he's being cheated. "Some day I'd like to sell my property, and now I'm going to have to sell it 50 cents on the dollar."

If the project begins in September, Carr says the project should take about six to seven months to complete.

*  Story Contributed by: Ryan Loyd