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water and nutrients to each vine through tubing and drip emitters
attached to the horizontal wires. Most of the drip irrigation
systems may not be easily removed from the ground and generally
become unusable when they are removed. For example, if new vines
were to be planted, the ground would first be broken by ripping
with a large blade that, incidentally, tears up the system of
irrigation pipes and tubes from under the ground. Although it is
possible to salvage some of the above-ground tubing, it is not
always reusable. The ripping process, however, damages the pipes
and tubes so as to render them unusable. There was no evidence in
the record showing that a buried drip irrigation system had been
removed and reused. Therefore, the drip irrigation system cannot
be readily removed from the earth. This factor, as it relates to
the drip irrigation system favors respondent.
(c) The well boring and casing are obviously not capable of
being moved, and there is no evidence in the record that it could
be moved or removed from the ground. We note that petitioners’
old well was left in the ground and disabled, rather than being
removed from the ground. This factor favors respondent.
2. The second factor is whether “the property [is] designed
or constructed to remain permanently in place?” Id.
(a) The trellises are intended to be sufficiently secured to
support the wires, vines, tubing, etc., but they are not designed
to remain permanently in place. For example, the posts are not
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Last modified: November 10, 2007