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 < j.mcke...@veloxinetbroadband.com> 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 < > patrickleary.af...@gmail.com> 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 <ch...@wbmfg.com> 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 <par...@cyberbroadband.net> >>> *Sent:* Monday, March 02, 2015 2:55 AM >>> *To:* af@afmug.com >>> *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 <trevorbo...@gmail.com> >>> *To:* af@afmug.com >>> *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" <ch...@wbmfg.com> 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: af@afmug.com >>> > 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" <af...@ics-il.net> 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" <trevorbo...@gmail.com> >>> >> To: af@afmug.com >>> >> 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 <ch...@wbmfg.com> >>> 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: af@afmug.com >>> >>> 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" <ch...@wbmfg.com> 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: af@afmug.com >>> >>>> 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 >> patrickleary.af...@gmail.com [this address is only for AFMUG] >> patrick.le...@telrad.com <patrick.le...@telrad.com> [this is my >> corporate address] >> > > -- Patrick Leary Director BD, North America, Telrad 727.501.3735 patrickleary.af...@gmail.com [this address is only for AFMUG] patrick.le...@telrad.com <patrick.le...@telrad.com> [this is my corporate address]
