The purpose of this article is to establish a clear and equitable process for reimbursing landowners or tenants for crop damage caused by authorized work conducted within easement areas.
(Ord. 2026-01)
(a) Easement means a legal right granted to the City of Caney or authorized entity to enter, use, or maintain a portion of private property for specified purpose.
(b) Easement Work means construction, maintenance, repair, inspection, or related activities conducted within the boundaries of an easement.
(c) Crop Damage means measurable loss, destruction, or reduction in yield of planted agricultural crops directly resulting from easement work.
(d) Claimant means the landowner or lawful tenant who suffered crop damage.
(e) Administering Authority means the City of Caney Administration personnel designated to administer this section.
(Ord. 2026-01)
A claim for reimbursement shall be eligible if:
(a) The damaged crops were lawfully planted within or immediately adjacent to an easement area;
(b) The damage was directly caused by authorized easement work;
(c) The claimant submitted notice of damage within thirty (30) days of discovery; and
(d) The claimant allows reasonable access for inspection and verification.
(Ord. 2026-01)
(a) Prior to easement work, reasonable notice shall be provided to affected landowners when practicable.
(b) Claims for crop damage shall be submitted in writing on forms provided by the City of Caney.
(c) Each claim shall include:
(1) Description and location of damaged crops.
(2) Acreage affected
(3) Type and date of easement work
(4) Supporting documentation, including photographs or production records
(d) The City of Caney may conduct on-site inspections to verify damage.
(Ord. 2026-01)
(a) Reimbursement shall be based on:
(1) Verified acreage damaged
(2) Average yield and market value of the affected crop
(3) Stage of crop grow at the time of damage
(b) Reimbursement shall not exceed the fair market value of the anticipated crop yield.
(c) No reimbursement shall be provided for pre-existing damage or damage unrelated to easement work.
(Ord. 2026-01)
(a) Approved reimbursement shall be paid within thirty (30) days of claim approval.
(b) Payments are subject to available appropriated funds or contractual obligations with easement holders or contractors.
(Ord. 2026-01)
(a) Reimbursement shall not be provided for indirect or consequential losses, including future planting decisions or lost profits beyond the damaged crop.
(b) No reimbursement shall be granted if damage results from claimant negligence or failure to follow reasonable agricultural practices.
(c) No contractors performing easement work may be required by contract to reimburse crop damage under the code.
(Ord. 2026-01)
A claimant may appeal a reimbursement determination by submitting a written appeal within thirty (30) days. Appeals shall be decided by the Governing Body, whose decision shall be final.
(Ord. 2026-01)