I like that! On Mon, Mar 2, 2015 at 3:05 PM, Bill Prince <part15...@gmail.com> wrote:
> +1 > > I get criticized sometimes because I refuse to use 1 or 10 when grading > something on a scale of 1 to 10. I tend to stick with 2 through 8, because > that gives me options. > > bp > <part15sbs{at}gmail{dot}com> > > > On 3/2/2015 11:59 AM, Patrick Leary wrote: > > 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] > > > -- 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]