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]
