Note the word "often," as opposed to "all" or "always." I try not to
do absolutes...."almost" never :)
On Mon, Mar 2, 2015 at 2:55 PM, Jason McKemie
<[email protected]
<mailto:[email protected]>> wrote:
I think it's pretty dangerous to group everyone together like
that. I certainly don't have that view.
On Mon, Mar 2, 2015 at 12:59 PM, Patrick Leary
<[email protected]
<mailto:[email protected]>> wrote:
I'd just say Americans often have a definition of "progress"
not shared by many in the world. Our definition is largely
"perpetual growth." Another name for that is cancer.
On Mon, Mar 2, 2015 at 9:21 AM, Chuck McCown <[email protected]
<mailto:[email protected]>> wrote:
The widow almost certainly got above fair market value.
But you can’t put a value on the intangible value of a
family home.
Again, the 5th amendment of the US constitution has it
right in there. The good of the many overrides the good
of the few.
*From:* CBB - Jay Fuller <mailto:[email protected]>
*Sent:* Monday, March 02, 2015 2:55 AM
*To:* [email protected] <mailto:[email protected]>
*Subject:* [AFMUG] emminient domain
and i live in a town that literally took a widow's
property in order to build a new plant / factory several
years ago. yes, it was horrible, and it was done by the
local "economic development board' with the support of the
county commissioners...but i failed to see how that was
"for the public use".
of course if the woman had agreed to the price.... : /
horrible horrible story....but i'm sure that new plant /
factory is employing quite a few people.
http://www.cullmantimes.com/archives/eminent-domain-on-agenda/article_3c30de17-6ed1-5a3b-ac21-8d4b2f1f4b63.html
http://www.cullmantimes.com/community/rally-critical-of-city-leaders-actions/article_56b67d35-360f-5c99-aa09-1a9aefdbd574.html
----- Original Message -----
*From:* Trevor Bough <mailto:[email protected]>
*To:* [email protected] <mailto:[email protected]>
*Sent:* Saturday, February 28, 2015 12:37 PM
*Subject:* Re: [AFMUG] FCC Live Link
The 5th Amendment just established just compensation
for eminent domain. It leaves it to the states to
define what "public use" is. And the landowner still
always has the right to argue their point that it is
not going to be used for public use. Luckily, I live
in a state that puts the onus on the condemning
authority to prove the taking is definitely needed for
public use.
On Feb 28, 2015 12:24 PM, "Chuck McCown"
<[email protected] <mailto:[email protected]>> wrote:
>
> The 5th amendment of the US constitution took that
from you many years ago.
>
> From: Trevor Bough
> Sent: Saturday, February 28, 2015 10:30 AM
> To: [email protected] <mailto:[email protected]>
> Subject: Re: [AFMUG] FCC Live Link
>
>
> As a property owner, I find that idea completely
terrifying. I should absolutely have the right to say
what is or is not on my property. Working in the
utility industry, I still find that idea completely
terrifying. Electric utilities typically require at
least 30' of dedicated ROW. Gas and water utilities
typically require at least 20' of dedicated ROW. Would
you like to be required to give up 70' of your front
yard without any say? You still get to mow it and
maintain it, but if the utility feels the shrub you
planted will interfere with them operating their line,
they have the right to come destroy it. I would love
to have dedicated easements everywhere, but that is
the reason there is dedicated public ROW everywhere.
Honestly people would be much better off dedicating
20' to a utility easement when they record the legal
description of their property. Virtually all utilities
can fit into a single 20' easement, especially if
several go aerial, they just don't like to. In my
opinion, eminent domain should be a difficult process
with a requirement on the condemning authority to
prove need and history of good faith negotiations.
Just my 2 cents (probably closer to $0.10 now).
>
> On Feb 28, 2015 10:48 AM, "Mike Hammett"
<[email protected] <mailto:[email protected]>> wrote:
>>
>> Tangent...
>>
>>
>> I understand property rights and all, but I'd like
to see automatic approval for all ROW requests by
qualified entities.
>>
>>
>>
>> -----
>> Mike Hammett
>> Intelligent Computing Solutions
>> http://www.ics-il.com
>>
>> ________________________________
>> From: "Trevor Bough" <[email protected]
<mailto:[email protected]>>
>> To: [email protected] <mailto:[email protected]>
>> Sent: Friday, February 27, 2015 6:56:45 PM
>> Subject: Re: [AFMUG] FCC Live Link
>>
>> Apparently Missourians fight to protect their
property rights more vigorously because, here anyway,
it is a lengthy and expensive process. Landowners in
MO can also be awarded legal fees if the condemning
authority drops or loses the case of eminent domain,
so it is definitely not a, "This guy is being
difficult, we'll show him." fix-all.
http://watchdog.org/88546/missouri-landowners-win-in-eminent-domain-test-case/
Looks like it wasn't always the case here though.
>>
>> On Fri, Feb 27, 2015 at 11:19 AM, Chuck McCown
<[email protected] <mailto:[email protected]>> wrote:
>>>
>>> I have done it several times. In my cases it was
pretty much the easy button. Just had to wait for
the docket.
>>>
>>> From: Trevor Bough
>>> Sent: Thursday, February 26, 2015 6:21 PM
>>> To: [email protected] <mailto:[email protected]>
>>> Subject: Re: [AFMUG] FCC Live Link
>>>
>>>
>>> It's not quite that easy... You have to be
authorized by the state to be able to use eminent
domain and even then it is a very lengthy process
(minimum of six months typically) and it has to be for
"public use", which a utility can qualify as, but even
after going to court for six months or more to prove
that this is necessary for the public you are still at
the mercy of the quart ruling that you are right and
now have the luxury of paying the landowner for the
access. It's not some magic automatic "Easy Button".
>>>
>>> On Feb 26, 2015 1:34 PM, "Chuck McCown"
<[email protected] <mailto:[email protected]>> wrote:
>>>>
>>>> If you need to cross property with your pole line
or underground line, you can do so under the right of
eminent domain. Landowner has no say so. You go to
court, the judge bangs the gavel, and voila, instant
ROW. However at that point in time the tables turn
somewhat in the favor of the landowner as you have to
compensate them for what you have taken.
>>>>
>>>> That that typically ends up at a place where it
became a very expensive ROW...
>>>>
>>>> What you are talking about below is the
establishment of a prescriptive ROW through your
failure to defend your property. Another word for it
is acquiescence or adverse possession. You can
certainly lose your right to defend if you sit on your
rights. So, yea, if they didn't have an easement or
court order, cut down that pole.
>>>>
>>>> -----Original Message----- From: Adam Moffett
>>>> Sent: Thursday, February 26, 2015 12:27 PM
>>>> To: [email protected] <mailto:[email protected]>
>>>> Subject: Re: [AFMUG] FCC Live Link
>>>>
>>>> What eminent domain actions can a utility take?
My "knowledge" on that
>>>> topic is all hearsay.
>>>>
>>>> I heard of a landowner who saw a company putting
a pole in an empty lot
>>>> that he owned across the street from his house.
He watched them set the
>>>> pole and then after the workers left he went out
with a chainsaw and cut
>>>> it down because they never asked him if they
could put the pole there
>>>> (so the story went). In his point of view, if he
let them put the pole
>>>> there, they have permanent rights to access that
spot on his property
>>>> because of eminent domain.
>>>>
>>>>> You may even have the right of eminent domain now.
>>>>
>>>>
>>
>>
--
Patrick Leary
Director BD, North America, Telrad
727.501.3735 <tel:727.501.3735>
[email protected]
<mailto:[email protected]> [this address is only
for AFMUG]
[email protected]
<mailto:[email protected]> [this is my corporate address]
--
Patrick Leary
Director BD, North America, Telrad
727.501.3735
[email protected] <mailto:[email protected]>
[this address is only for AFMUG]
[email protected] <mailto:[email protected]> [this is my
corporate address]
