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Topic: Eminent domain my FK'ing ass!! (Read 1542 times) |
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Jonny
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Eminent domain my FK'ing ass!!
« on: Feb 16th, 2006, 7:50pm » |
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I dont rant often, but this one has set a fire under my ass!!!!!
As you can see from the pics that I have busted my balls building a wall around my castle (Gargoyles included), its about to be torn down. Not by intruders, but by the God Damn city!
Yesterday there was a note in my mailbox to contact the city traffic engineer, I called his ass today and he came over with his blueprints. He tells me that they are widening the road and that they will need to move the light pole inwards, this means my wall will have to come out. I asked him if he was moving anything onto my property, he said no.....your wall extends seven feet over the property line onto city property.......TO WHICH I SAID......How come the sidewalk that was put in 30 years ago is not seven feet further in?....just a dumbass look on his face with no answer.
I asked what the worst case scenerio would be, he said...moving your wall back seven feet....to which I replied....I will have a survey team out here Monday, if your taking my land you will God Damn pay for it!!!$$
Anyone out there know anyone that deals with this shit....the value of my house is going to take a hit on this one.
Sorry for the rant, but I was about to start breaking shit!
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medic1852
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Re: Eminent domain my FK'ing ass!!
« Reply #1 on: Feb 16th, 2006, 7:55pm » |
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You have a right to rant and I don't blame you one bit. big brother is just too big for his britches sometimes. I am on your side 100%. Not a lot of good that will do you from Kentucky, none the less I support you!
Edited: From the looks of your lawn they take seven foot you wont have room for a lawn chair..Tell city concil kiss it.. 
Rodger 
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| « Last Edit: Feb 16th, 2006, 7:58pm by medic1852 » |
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Melissa
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Re: Eminent domain my FK'ing ass!!
« Reply #2 on: Feb 16th, 2006, 7:58pm » |
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Holy shit, 7 feet is a LOT! Damn, sorry Jonny!
I don't know how things are done in MA. I do know that around here, we have to go something like, 30(?) feet from the center line of the road. 
Wish I could help...
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Sean_C
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Re: Eminent domain my FK'ing ass!!
« Reply #3 on: Feb 16th, 2006, 8:04pm » |
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Dude that wall looks mint too  Definately cool
Any Land Survey Company can find out if its documented property of the City. I know you have to look deep, so it may cost a few buck but alot of records can prove that the property might actually be your and not the city's.
Don't take those fuckin cronies for granted, they'd fuck ya in a second.
Besides that tell them its a saftey issue and start up a neighborhood steering committee. I'm sure one of your neighbors would be willing to make it happen and take charge, I know you guys are busy.
Kick there asss bro, WE ARE THE PEOPLE AND THEY KNOW YOU VOTE. Your voices will be heard dude
I've seen projects like that get turned around, you CAN change it Call Hedlund TOMORROW, for real dude, he will talk to you.
Sean..................................................
edit to add: Why did you take down the rainbow flag?? It was all you dude
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| « Last Edit: Feb 16th, 2006, 8:08pm by Sean_C » |
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Jonny
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Re: Eminent domain my FK'ing ass!!
« Reply #4 on: Feb 16th, 2006, 8:05pm » |
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Thanks folks, they are putting in a traffic light three houses up the street and want to make my side of the road two lanes as it comes up to the light. The guy next to me is going to lose 12 feet or more.
No one will ever convince me that his wall and mine (Which are in line) are that far on city property.
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It is up to YOU to educate yourself and then help your doctor plan your treatment. If you just sit down in front of your doctor and say "make me better" you are setting yourself up for a great deal of pain.
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cootie
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Re: Eminent domain my FK'ing ass!!
« Reply #5 on: Feb 16th, 2006, 8:13pm » |
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Well I know of cases where that has happen'd even out here in the boonies and there isn't nothin ya can really do......they can actually charge you by the day if they want to get down and dirty.......a friend bought an old two story house about 4 miles down the road several years ago at an estate auction and he had some plans to fix it up. It has a hill that cuts straight up up against one wall and guess part of the house had caved in and the old lady that lived there just 'closed off' the room. So anyhow the house was only about 20 foot if that off the narrow little back road that goes past it. The county decided to widen the bridge and road rite there and he freaked out and left the house set. Nothin he could do and the road is now about 5 foot from his window and door so any plans of a front porch went down the tubes. Man is that house ever close and dumb ass people fly down that road now days. Then it has a narrow stip of land in back along that steep hill and a big creek on other side of the strip. The septic needed upgraded (house is probly old as this one 200 yrs plus) for anyone to LIVE in it.......so they came out to plan a new updated one and found out he does not have enuff property for one so the house is now inhabitabal !!!! No one is allowed to live there and there is NO WAY around the septic problem cuz there's not enuff level land to even build one with bare minimun requiremnts to pass. And can't be too close to that creek either that runs thru alot of peoples yards to the river not far. Talk about fucked. Nother friend got fined sumthin like 250 a day for puttin up a small garage where the city said he couldn't have one.....he didn't know at the time and no building permit cuz it wasn't very big. So he torched it !!! The city put in new septic too outside of town and people HAD to pay for hookup to remain liveing in there houses......most had to borrow about 10 to 14 grand !!! He bought it 'as is' and didn't read between the lines and no one told him of the pending issues esp with new rules and regulations on septic stuff. Rules are anal-istic Pam
Ya mite HAVE to go along with what they say like it or not.......what a pisser.......I know my freind was FLAMEING MAD about that house he bought and lost his ass on. It is still vacant and falling apart now......he lost some bucks and tried to fight it but nothin he could do cuz the county owned the property rites they were TAKEING. A friend is a co survey'r and he said that is how it is. Sorry.......hopein you can find a loop hole ??
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| « Last Edit: Feb 16th, 2006, 8:19pm by cootie » |
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Jonny
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Re: Eminent domain my FK'ing ass!!
« Reply #6 on: Feb 16th, 2006, 8:19pm » |
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on Feb 16th, 2006, 8:13pm, cootie wrote:| Ya mite HAVE to go along with what they say like it or not...... |
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I dont think so, if its my land which I know it is.....they pay, thats the law as I know it
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It is up to YOU to educate yourself and then help your doctor plan your treatment. If you just sit down in front of your doctor and say "make me better" you are setting yourself up for a great deal of pain.
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Chillrmn1
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Re: Eminent domain my FK'ing ass!!
« Reply #7 on: Feb 16th, 2006, 8:26pm » |
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That Sucks! Hope the land turns out being yours......if they're going to take it, at least make 'em pay thru the nose for it.
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nani
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Re: Eminent domain my FK'ing ass!!
« Reply #8 on: Feb 16th, 2006, 8:27pm » |
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Actually, bro, it's pretty common. The local government often owns a slice of land between sidewalks and property lines for utility access. They leave it unpaved so that if any lines need to be worked on, they don't have to dig up the sidewalk. You have a right to ask for the map that proves where exactly it is.
That's a great wall. Damn shame. 
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| « Last Edit: Feb 16th, 2006, 8:27pm by nani » |
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thebbz
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Re: Eminent domain my FK'ing ass!!
« Reply #9 on: Feb 16th, 2006, 8:34pm » |
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 Mr. King,
State and local laws vary. Typically the road is surveyed with a centerline, width, and an easment for future widening. These vary as local engineers traffic plans and such. Most housing areas zoned for residential are surveyed to these roadways regardless of easyways sometimes. The survey of your property will tell you where the easement is. Compare that survey with legal description to his blueprint They usually get that easement. Some class action determinations have went the other way Anymore and they pay. Its worth the retainer depending...Big brother bastards. 
jb
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Jonny
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Re: Eminent domain my FK'ing ass!!
« Reply #10 on: Feb 16th, 2006, 8:35pm » |
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on Feb 16th, 2006, 8:27pm, nani wrote:| Actually, bro, it's pretty common. The local government often owns a slice of land between sidewalks and property lines for utility access. |
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Seven feet?
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It is up to YOU to educate yourself and then help your doctor plan your treatment. If you just sit down in front of your doctor and say "make me better" you are setting yourself up for a great deal of pain.
- Guiseppi
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Sean_C
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Re: Eminent domain my FK'ing ass!!
« Reply #11 on: Feb 16th, 2006, 8:38pm » |
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on Feb 16th, 2006, 8:19pm, Jonny wrote:
You wanna borrow my piece, it should get there attention
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Linda_Howell
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Re: Eminent domain my FK'ing ass!!
« Reply #12 on: Feb 16th, 2006, 9:05pm » |
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You could build a moat around your castle, fill it with all the trolls from here and then tell them to bring it on..They probably wouldn't want to touch your property with a ten-ft. pole.
jest tryin to help, Linda
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Karla
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Re: Eminent domain my FK'ing ass!!
« Reply #13 on: Feb 16th, 2006, 9:31pm » |
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From the street in, the first 7 or 8 feet are the cities. It has a tree and grass and streetlight. Followed by a sidewalk, followed by some utility lines. I had to reimburse the city for that tree and pay for its upkeep. I was told I could do what I wanted on that strip of land ie meaning I could plant bushes or flowers there, but reminded it was the cities land and they could do what they wanted with that land at any time. Another words destroy my flower bed! I am expected to mow that chunk of land. Maybe I should send the city a bill for upkeep and maintance of their land?!!!
Good luck with your fight Jonny! I would hire a surveyer and find out exactly where your property line is. You may be suprised.
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jimmers
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Re: Eminent domain my FK'ing ass!!
« Reply #14 on: Feb 16th, 2006, 10:21pm » |
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jonny,
I'm sure if you didn't shovel the property that supposedly doesn't belong to you, THEY will fine you.
In the words of Buford T. Justis (Smokey and the Bandit)
"What the hell is the world comin to?"
This is BULLSHIT!!!!!!!!!!!!!!
Jimmers 
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Jasmyn
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Re: Eminent domain my FK'ing ass!!
« Reply #16 on: Feb 17th, 2006, 3:07am » |
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Cool wall!  Fight them, if it's yours its yours!
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gore2424
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Re: Eminent domain my FK'ing ass!!
« Reply #17 on: Feb 17th, 2006, 3:24am » |
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first i want to say to Jonny WOW your yard looks great wish I could get my yard to go with it and second I hope you nail them I put my $ on you in any kind of fight and to Sean_C WOW what a gun damn Terry
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Charlie
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Re: Eminent domain my FK'ing ass!!
« Reply #18 on: Feb 17th, 2006, 4:03am » |
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I agree that it sucks Jonny. 
Still..... here in my town, the city owns the land several feet from the curb inward. It made more sense in my old neighborhood where there actually was a sidewalk. It's a pretty common thing.
What you can do though is get together with the neighbors and erect some really hideous stuff now and then so they have to go out of their way to deal with you. 
Charlie
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KingOfPain
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Re: Eminent domain my FK'ing ass!!
« Reply #19 on: Feb 17th, 2006, 5:53am » |
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More info:
Eminent Domain - Boston, Massachusetts
Bill seeks to restrict eminent domain
http://www.boston.com/news/local/massachusetts/articles/2005/08/09/bill_ seeks_to_restrict_eminent_domain/?page=full
Make eminent domain fair for all
http://www.boston.com/news/globe/editorial_opinion/oped/articles/2005/08 /12/make_eminent_domain_fair_for_all/
======================================
http://tinyurl.com/7m4ux [original web address reduced using Tiny URL]
From the above website:
The Use of Eminent Domain in Massachusetts
Michael Malamut: The Pioneer study “The Power to Take: The Use of Eminent Domain in Massachusetts” is an historical review of data on eminent domain practice, comparing Massachusetts with the most advanced practices in the rest of the country.
Massachusetts eminent domain practice compares favorably in effecting most takings through the quick-take process, which gives the condemnee a relatively large damage award up front, preventing months and years of litigation before a condemnee can receive anything.
We collected data on takings in nine municipalities in Middlesex County and in the City of Boston over a 13-year period. Out of all the data that we collected, 53 percent of all takings were for road repair and road building. This has been the leading category since colonial times.
Almost all the remaining takings were for traditional government purposes: municipal services, conservation, public transportation, public utilities. Although 11 percent of takings were for urban renewal, almost all of those were takings from government bodies.
Because the Boston Redevelopment Authority is also the planning authority for the City of Boston, often it effects takings from other government agencies to speed up the process. Only 1 percent of all takings from private property owners were for purposes of urban renewal.
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| « Last Edit: Feb 17th, 2006, 6:35am by KingOfPain » |
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karma
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Re: Eminent domain my FK'ing ass!!
« Reply #20 on: Feb 17th, 2006, 6:54am » |
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Quote:| TO WHICH I SAID......How come the sidewalk that was put in 30 years ago is not seven feet further in?....just a dumbass look on his face with no answer. |
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Smart man!Why argue if you think your right?
If you build on someone elses property its no one's fault but your own.
If you didn't then they the survey records will prove it.
Whats the big deal?
Its shame though, looks like seven feet is about where the flagpole is.
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maffumatt
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Re: Eminent domain my FK'ing ass!!
« Reply #21 on: Feb 17th, 2006, 7:02am » |
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I would be pissed..............
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BarbaraD
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Re: Eminent domain my FK'ing ass!!
« Reply #23 on: Feb 17th, 2006, 8:00am » |
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Jonny,
Don't take it laying down. They DO have the right (wrong as it may be) to take the land, but you can fight it. They are required to pay you. ( and you can be a horse's butt about how much and keep it tied up for a long long time).
My advice is get your neighbors together and FIGHT it. Go to the council meetings and GIVE reasons (get a lawyer if you need one) but have your ducks in a row when you get there - don't just yell.
The news media is always good - make it into a news story. that always puts pressure on the politicians and makes them accountable for their actions. Look pitiful on the 11 o'clock news - this is your home and you've put all this time, money and effort into it and now they're taking your life-blood -- get the picture? Do NOT yell! Just be pitiful. Let the politicians do the yelling above that one. Enough pubic outrage and they may just change their minds.
And BTW, your yard is beautiful. Fight 'em.... Eminent domain should have been taken off the books a long time ago. It contridicts the Freedom to own and enjoy property.
Hugs BD
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chewy
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Re: Eminent domain my FK'ing ass!!
« Reply #24 on: Feb 17th, 2006, 8:05am » |
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I wouldn't advise fighting anything until you have a survey done so you know where you stand.
Literally!
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