Aces High Bulletin Board

General Forums => The O' Club => Topic started by: Sandman on June 13, 2006, 06:22:08 PM

Title: Eminent Domain
Post by: Sandman on June 13, 2006, 06:22:08 PM

What do you guys think of this story?

http://www.post-gazette.com/pg/06148/693838-58.stm


I admire his conviction, but if he truly wants to be off the grid, he could have picked a better spot.

Title: Eminent Domain
Post by: StarOfAfrica2 on June 13, 2006, 06:38:39 PM

Damn straight.  Your property is your property.  If they have right of way it should be on the deed.  So far as I can see they claim right of way but havent produced any legal documents to prove it.  

As for the sewer system, unless they can show they had a pre-existing ordinance requiring him to be hooked up to it, and as long as he can show his septic system is working properly, I dont see how they can force him to pay them for services he doesnt use.  They can try.

Title: Eminent Domain
Post by: DiabloTX on June 13, 2006, 06:42:04 PM

Interesting...yeah...very odd decision.

Title: Eminent Domain
Post by: rpm on June 13, 2006, 10:44:02 PM

Just because the ROW is not listed on his deed does not mean there isn't one in effect. It could have been purchased years ago from a previous owner. Deeds usually have a clause (paraphrasing) "all existing ROW agreements" that covers anything that has not been listed on the deed.

It's virtually impossible beat eminent domain. What people don't understand is you don't actually own any real property in America, you are just a tennant of the state until the state decides to take it.

Title: Eminent Domain
Post by: Goomba on June 14, 2006, 11:17:01 AM

I like the guy's spunk, and I agree that he has a choice.  He has no obligation to participate in any of it, provided he does no harm to others.

I'd have to see how far the anchor encroaches, and how big his property is to decide if he's being a pissant, or has a square-up beef.

However, I can't really get behind cutting/destroying the anchor.  Not because he shouldn't damage power company property, but because he wantonly endangers/punishes those who are not part of his personal conflict.

That right there is where he stopped holding the moral high ground, in my book.

Title: Eminent Domain
Post by: john9001 on June 14, 2006, 11:48:25 AM

he is going in the wrong direction, he should have charged them rent to place the anchor on his property.

Title: Eminent Domain
Post by: Chairboy on June 14, 2006, 11:49:34 AM

The power company's rationale: "There must be a right of way, or else we wouldn't have put that in."  

That, my friend, is circular logic.

Title: Eminent Domain
Post by: lasersailor184 on June 14, 2006, 11:51:09 AM

Quote

It's virtually impossible beat eminent domain.

Except with a really big stick.



Anyway, interesting concept from the guy.  I wonder how much hunting he does.

Title: Eminent Domain
Post by: Hangtime on June 14, 2006, 11:54:56 AM

The old guy has a right to protect his property and live as he choses.