SPRINGFIELD, Georgia - August 22, 2009 - Officials with the city of Rincon admitted under oath today that proper surveying and pre-engineering work had not been done prior to workers constructing a well house on property owned by a nearby landowner.

Tim Baumgartner with EMC Engineering testified in Effingham County Superior Court his agency solely relied on aerial photographs from the Effingham County geographical information system and acted on the assumption the city owned the land in question.

Under questioning from the landowner’s attorney, Rick Rafter, Baumgartner admitted such photographs could be inaccurate.

“The city has been allowed use of that easement for so long that it was generally assumed to be city property,” said Baumgartner.

The land in question - .66 acres - is owned by Herman Woods. The city has been constructing a well house since May that has encroached on Woods’ property.

Woods filed a lawsuit against the city claiming inverse condemnation and tresspassing.

After successfully seeking an injunction for the work to stop July 10, Judge John R. Turner lifted that injunction August 6 and allowed the work to continue.

The city contends it’s trying to meet a deadline imposed by the Environmental Protection Division for the treatment of surface water and that the well house is protecting the equipment needed in that process.

Sometime between 4 a.m. and 7 a.m. this past Monday, city workers arrived at the well house to find it had been partially demolished.

A nearby bulldozer, which Woods had threatened to use to demolish the building days earlier, sat nearby.

Police impounded the bulldozer.

No arrests have been made in the case and no suspects have been named.

On the stand in the courtroom today, Woods pleaded the Fifth Amendment three different times in order to not incriminate himself when asked about the incident.

Woods, through his attorney Rafter, is seeking a ruling from the Georgia Supreme Court in the case.