--- In AsburyPark@yahoogroups.com, "wernerapnj" <[EMAIL PROTECTED]> wrote: >Werner,
As I said last night, show me the documents that GAVE, or RESERVED, the rights to the public on PRIVATE property. It is you who may be misinformed. I clearly own FEE title to every square inch within my 50 X 150 lot. IF, and for the moment I will assume that it is correct, that the City has some rights IN, or OVER my property (and I am talking about ACTUAL PROPERTY RIGHTS as distinct from the usual powers of government, i.e., zoning, taxation, police powers & escheat)any abridgement or encroachment of additional rights is confiscatory. Thus, we must see from what document the City has a right-of-way over our PRIVATE property and what are the limits of its rights on OUR PRIVATE property. In fact, until the documents granting the rights to the public are examined, these rights may not even be enforceable, but I assume they are, however, I doubt they entail what you suggest, or that they could be upheld in court if they do. You should be aware that even deed restrictions that purportedly "run with the land" have over the years been held by the courts to be unenforceable. For instance, a common restriction was not to have a tannery or produce alcohol on a premises. Those restrictions have been thrown out by the courts and that is why those type of things are controlled by other laws and regulations, for instance zoning. Even zoning, et al, can go too far and be considered a taking. I am not saying that the City does not have a valid right-of-way (I doubt it is a right of way through front lawns and more likley an easement) over PRIVATE property, I only take issue with your ridiculous premise that it is not PRIVATE property. It is PRIVATE property over/in which the PUBLIC has SOME rights. ------------------------ Yahoo! Groups Sponsor --------------------~--> Get fast access to your favorite Yahoo! Groups. Make Yahoo! your home page http://us.click.yahoo.com/dpRU5A/wUILAA/yQLSAA/Y2tolB/TM --------------------------------------------------------------------~-> Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/AsburyPark/ <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
