Re: [AFMUG] emminient domain
If I weren't reading list mail, i'd have watched it soon my friendssoon. - Original Message - From: Chuck McCown To: af@afmug.com Sent: Monday, March 02, 2015 1:08 PM Subject: Re: [AFMUG] emminient domain I just finished watching the season last night. From: Daniel White Sent: Monday, March 02, 2015 11:45 AM To: af@afmug.com Subject: Re: [AFMUG] emminient domain The Drone Strike thing has an interesting twist in Season 3 of House of Cards. Won’t ruin it because well it just came out and probably not many people spent the weekend binge watching it like I did… but what President Underwood tells someone who has his legs blown off by a drone strike and his family killed is interesting for sure. *** Daniel White - Managing Director SAF North America LLC Cell: +1 (303) 746-3590 daniel.wh...@saftehnika.com Skype: danieldwhite Social: LinkedIn *** From: Af [mailto:af-boun...@afmug.com] On Behalf Of Chuck McCown Sent: Monday, March 2, 2015 11:25 AM To: af@afmug.com Subject: Re: [AFMUG] emminient domain If a factory gets built that employees 500 people in a depressed region, that is arguably better for the many. Just like a drone strike that kills an ISIS head dude but also kills innocents. From: Glen Waldrop Sent: Monday, March 02, 2015 11:14 AM To: af@afmug.com Subject: Re: [AFMUG] emminient domain I disagree. Lets just say they took the family home that 4 or 5 generations come to every holiday. How is that better for the many? It is only better because you count the ones you see and ignore the ones you don’t. Not everything in this world is about money. My family is why I make money, not the other way around. From: Chuck McCown Sent: Monday, March 02, 2015 8:21 AM To: af@afmug.com Subject: Re: [AFMUG] emminient domain 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 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 storybut 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 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" 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 b
Re: [AFMUG] emminient domain
damn you spoiler alert!!! - Original Message - From: Daniel White To: af@afmug.com Sent: Monday, March 02, 2015 12:45 PM Subject: Re: [AFMUG] emminient domain The Drone Strike thing has an interesting twist in Season 3 of House of Cards. Won’t ruin it because well it just came out and probably not many people spent the weekend binge watching it like I did… but what President Underwood tells someone who has his legs blown off by a drone strike and his family killed is interesting for sure. *** Daniel White - Managing Director SAF North America LLC Cell: +1 (303) 746-3590 daniel.wh...@saftehnika.com Skype: danieldwhite Social: LinkedIn *** From: Af [mailto:af-boun...@afmug.com] On Behalf Of Chuck McCown Sent: Monday, March 2, 2015 11:25 AM To: af@afmug.com Subject: Re: [AFMUG] emminient domain If a factory gets built that employees 500 people in a depressed region, that is arguably better for the many. Just like a drone strike that kills an ISIS head dude but also kills innocents. From: Glen Waldrop Sent: Monday, March 02, 2015 11:14 AM To: af@afmug.com Subject: Re: [AFMUG] emminient domain I disagree. Lets just say they took the family home that 4 or 5 generations come to every holiday. How is that better for the many? It is only better because you count the ones you see and ignore the ones you don’t. Not everything in this world is about money. My family is why I make money, not the other way around. From: Chuck McCown Sent: Monday, March 02, 2015 8:21 AM To: af@afmug.com Subject: Re: [AFMUG] emminient domain 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 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 storybut 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 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" 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. I
Re: [AFMUG] emminient domain
I've never liked rating stuff 1 or 10... how can you know whether anything can be better or worse until it is? besides, no matter how bad something is, it can always be made worse. On Mon, Mar 2, 2015 at 2:05 PM, Bill Prince 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 > > > > 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 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 >>>> *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 storybut 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 >>>> *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" 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 h
Re: [AFMUG] emminient domain
I like that! On Mon, Mar 2, 2015 at 3:05 PM, Bill Prince 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 > > > > 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 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 >>>> *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 storybut 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 >>>> *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" 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 R
Re: [AFMUG] emminient domain
+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 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 <mailto: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 mailto: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 mailto: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 <mailto:par...@cyberbroadband.net> *Sent:* Monday, March 02, 2015 2:55 AM *To:* af@afmug.com <mailto: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 storybut 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 <mailto:trevorbo...@gmail.com> *To:* af@afmug.com <mailto: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" mailto: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 <mailto: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
Re: [AFMUG] emminient domain
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 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 >>> *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 storybut 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 >>> *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" 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" wrote: >>> &
Re: [AFMUG] emminient domain
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 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 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 >> *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 storybut 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 >> *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" 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" 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" >> >> To: af@afmug.com >> >> Sent: Friday, February 27, 2015 6:56
Re: [AFMUG] emminient domain
+1 From: Patrick Leary Sent: Monday, March 02, 2015 12:59 PM To: af@afmug.com Subject: Re: [AFMUG] emminient domain 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 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 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 storybut 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 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" 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" 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" >> 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 wrote: >>> >>> I have done it s
Re: [AFMUG] emminient domain
Well, considering it is our country, there are a few options. From: Chuck McCown Sent: Monday, March 02, 2015 1:09 PM To: af@afmug.com Subject: Re: [AFMUG] emminient domain I am not staking out a position. Just saying crap like this happens all the time. And it has been happing for a very long time. And it appears to be legal. So, whatcha gonna do? From: Patrick Leary Sent: Monday, March 02, 2015 11:59 AM To: af@afmug.com Subject: Re: [AFMUG] emminient domain 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 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 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 storybut 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 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" 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" 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" >> 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
Re: [AFMUG] emminient domain
I just finished watching the season last night. From: Daniel White Sent: Monday, March 02, 2015 11:45 AM To: af@afmug.com Subject: Re: [AFMUG] emminient domain The Drone Strike thing has an interesting twist in Season 3 of House of Cards. Won’t ruin it because well it just came out and probably not many people spent the weekend binge watching it like I did… but what President Underwood tells someone who has his legs blown off by a drone strike and his family killed is interesting for sure. *** Daniel White - Managing Director SAF North America LLC Cell: +1 (303) 746-3590 daniel.wh...@saftehnika.com Skype: danieldwhite Social: LinkedIn *** From: Af [mailto:af-boun...@afmug.com] On Behalf Of Chuck McCown Sent: Monday, March 2, 2015 11:25 AM To: af@afmug.com Subject: Re: [AFMUG] emminient domain If a factory gets built that employees 500 people in a depressed region, that is arguably better for the many. Just like a drone strike that kills an ISIS head dude but also kills innocents. From: Glen Waldrop Sent: Monday, March 02, 2015 11:14 AM To: af@afmug.com Subject: Re: [AFMUG] emminient domain I disagree. Lets just say they took the family home that 4 or 5 generations come to every holiday. How is that better for the many? It is only better because you count the ones you see and ignore the ones you don’t. Not everything in this world is about money. My family is why I make money, not the other way around. From: Chuck McCown Sent: Monday, March 02, 2015 8:21 AM To: af@afmug.com Subject: Re: [AFMUG] emminient domain 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 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 storybut 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 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" 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 ce
Re: [AFMUG] emminient domain
I am not staking out a position. Just saying crap like this happens all the time. And it has been happing for a very long time. And it appears to be legal. So, whatcha gonna do? From: Patrick Leary Sent: Monday, March 02, 2015 11:59 AM To: af@afmug.com Subject: Re: [AFMUG] emminient domain 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 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 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 storybut 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 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" 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" 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" >> 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/
Re: [AFMUG] emminient domain
+1 On 3/2/2015 11:45 AM, Daniel White wrote: The Drone Strike thing has an interesting twist in Season 3 of House of Cards. Won’t ruin it because well it just came out and probably not many people spent the weekend binge watching it like I did… but what President Underwood tells someone who has his legs blown off by a drone strike and his family killed is interesting for sure. *** Daniel White - Managing Director SAF North America LLC Cell: +1 (303) 746-3590 daniel.wh...@saftehnika.com <mailto:daniel.wh...@saftehnika.com> Skype: danieldwhite Social: LinkedIn <http://www.linkedin.com/in/danielwhite84> __ *** *From:*Af [mailto:af-boun...@afmug.com] *On Behalf Of *Chuck McCown *Sent:* Monday, March 2, 2015 11:25 AM *To:* af@afmug.com *Subject:* Re: [AFMUG] emminient domain If a factory gets built that employees 500 people in a depressed region, that is arguably better for the many. Just like a drone strike that kills an ISIS head dude but also kills innocents. *From:*Glen Waldrop <mailto:gwl...@cngwireless.net> *Sent:*Monday, March 02, 2015 11:14 AM *To:*af@afmug.com <mailto:af@afmug.com> *Subject:*Re: [AFMUG] emminient domain I disagree. Lets just say they took the family home that 4 or 5 generations come to every holiday. How is that better for the many? It is only better because you count the ones you see and ignore the ones you don’t. Not everything in this world is about money. My family is why I make money, not the other way around. *From:*Chuck McCown <mailto:ch...@wbmfg.com> *Sent:*Monday, March 02, 2015 8:21 AM *To:*af@afmug.com <mailto:af@afmug.com> *Subject:*Re: [AFMUG] emminient domain 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 <mailto:par...@cyberbroadband.net> *Sent:*Monday, March 02, 2015 2:55 AM *To:*af@afmug.com <mailto: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 storybut 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 <mailto:trevorbo...@gmail.com> *To:*af@afmug.com <mailto: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" mailto: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 <mailto: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 descrip
Re: [AFMUG] emminient domain
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 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 > *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 storybut 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 > *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" 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" 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" > >> 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
Re: [AFMUG] emminient domain
We watched season 1, and left it at that. My wife decided it was too depraved for a civilized individual. bp On 3/2/2015 10:45 AM, Daniel White wrote: The Drone Strike thing has an interesting twist in Season 3 of House of Cards. Won’t ruin it because well it just came out and probably not many people spent the weekend binge watching it like I did… but what President Underwood tells someone who has his legs blown off by a drone strike and his family killed is interesting for sure. *** Daniel White - Managing Director SAF North America LLC Cell: +1 (303) 746-3590 daniel.wh...@saftehnika.com <mailto:daniel.wh...@saftehnika.com> Skype: danieldwhite Social: LinkedIn <http://www.linkedin.com/in/danielwhite84> __ *** *From:*Af [mailto:af-boun...@afmug.com] *On Behalf Of *Chuck McCown *Sent:* Monday, March 2, 2015 11:25 AM *To:* af@afmug.com *Subject:* Re: [AFMUG] emminient domain If a factory gets built that employees 500 people in a depressed region, that is arguably better for the many. Just like a drone strike that kills an ISIS head dude but also kills innocents. *From:*Glen Waldrop <mailto:gwl...@cngwireless.net> *Sent:*Monday, March 02, 2015 11:14 AM *To:*af@afmug.com <mailto:af@afmug.com> *Subject:*Re: [AFMUG] emminient domain I disagree. Lets just say they took the family home that 4 or 5 generations come to every holiday. How is that better for the many? It is only better because you count the ones you see and ignore the ones you don’t. Not everything in this world is about money. My family is why I make money, not the other way around. *From:*Chuck McCown <mailto:ch...@wbmfg.com> *Sent:*Monday, March 02, 2015 8:21 AM *To:*af@afmug.com <mailto:af@afmug.com> *Subject:*Re: [AFMUG] emminient domain 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 <mailto:par...@cyberbroadband.net> *Sent:*Monday, March 02, 2015 2:55 AM *To:*af@afmug.com <mailto: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 storybut 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 <mailto:trevorbo...@gmail.com> *To:*af@afmug.com <mailto: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" mailto: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 <mailto: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 w
Re: [AFMUG] emminient domain
The Drone Strike thing has an interesting twist in Season 3 of House of Cards. Won’t ruin it because well it just came out and probably not many people spent the weekend binge watching it like I did… but what President Underwood tells someone who has his legs blown off by a drone strike and his family killed is interesting for sure. *** Daniel White - Managing Director SAF North America LLC Cell: +1 (303) 746-3590 daniel.wh...@saftehnika.com <mailto:daniel.wh...@saftehnika.com> Skype: danieldwhite Social: LinkedIn <http://www.linkedin.com/in/danielwhite84> *** From: Af [mailto:af-boun...@afmug.com] On Behalf Of Chuck McCown Sent: Monday, March 2, 2015 11:25 AM To: af@afmug.com Subject: Re: [AFMUG] emminient domain If a factory gets built that employees 500 people in a depressed region, that is arguably better for the many. Just like a drone strike that kills an ISIS head dude but also kills innocents. From: Glen Waldrop <mailto:gwl...@cngwireless.net> Sent: Monday, March 02, 2015 11:14 AM To: af@afmug.com <mailto:af@afmug.com> Subject: Re: [AFMUG] emminient domain I disagree. Lets just say they took the family home that 4 or 5 generations come to every holiday. How is that better for the many? It is only better because you count the ones you see and ignore the ones you don’t. Not everything in this world is about money. My family is why I make money, not the other way around. From: Chuck McCown <mailto:ch...@wbmfg.com> Sent: Monday, March 02, 2015 8:21 AM To: af@afmug.com <mailto:af@afmug.com> Subject: Re: [AFMUG] emminient domain 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 <mailto:par...@cyberbroadband.net> Sent: Monday, March 02, 2015 2:55 AM To: af@afmug.com <mailto: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 storybut 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 <mailto:trevorbo...@gmail.com> To: af@afmug.com <mailto: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" mailto: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 <mailto: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
Re: [AFMUG] emminient domain
The difference being is that I don’t think we’re at war with our own people, not entirely sure though. I don’t think we’re going to see eye to eye on this one. I shall bow out of the conversation and not make any further of a scene. I think everyone knows where I stand. From: Chuck McCown Sent: Monday, March 02, 2015 12:25 PM To: af@afmug.com Subject: Re: [AFMUG] emminient domain If a factory gets built that employees 500 people in a depressed region, that is arguably better for the many. Just like a drone strike that kills an ISIS head dude but also kills innocents. From: Glen Waldrop Sent: Monday, March 02, 2015 11:14 AM To: af@afmug.com Subject: Re: [AFMUG] emminient domain I disagree. Lets just say they took the family home that 4 or 5 generations come to every holiday. How is that better for the many? It is only better because you count the ones you see and ignore the ones you don’t. Not everything in this world is about money. My family is why I make money, not the other way around. From: Chuck McCown Sent: Monday, March 02, 2015 8:21 AM To: af@afmug.com Subject: Re: [AFMUG] emminient domain 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 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 storybut 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 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" 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" 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" >> To: af@afmug.com >> Sent: Friday, February 27, 2015 6:56:45 PM >> Subject: Re: [AFMUG
Re: [AFMUG] emminient domain
If a factory gets built that employees 500 people in a depressed region, that is arguably better for the many. Just like a drone strike that kills an ISIS head dude but also kills innocents. From: Glen Waldrop Sent: Monday, March 02, 2015 11:14 AM To: af@afmug.com Subject: Re: [AFMUG] emminient domain I disagree. Lets just say they took the family home that 4 or 5 generations come to every holiday. How is that better for the many? It is only better because you count the ones you see and ignore the ones you don’t. Not everything in this world is about money. My family is why I make money, not the other way around. From: Chuck McCown Sent: Monday, March 02, 2015 8:21 AM To: af@afmug.com Subject: Re: [AFMUG] emminient domain 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 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 storybut 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 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" 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" 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" >> 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-
Re: [AFMUG] emminient domain
I disagree. Lets just say they took the family home that 4 or 5 generations come to every holiday. How is that better for the many? It is only better because you count the ones you see and ignore the ones you don’t. Not everything in this world is about money. My family is why I make money, not the other way around. From: Chuck McCown Sent: Monday, March 02, 2015 8:21 AM To: af@afmug.com Subject: Re: [AFMUG] emminient domain 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 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 storybut 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 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" 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" 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" >> 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 wrote: >>> >>> I have done it several times. In my cases it was pretty much
Re: [AFMUG] emminient domain
Paraphasing Mr. Spock so soon? Jaime Solorza On Mar 2, 2015 7:22 AM, "Chuck McCown" 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 > *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 storybut 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 > *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" 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" 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" > >> 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 wrote: > >>> > >>&g
Re: [AFMUG] emminient domain
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 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 storybut 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 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" 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" 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" >> 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 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 length
[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 storybut 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 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" 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" 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" >> 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 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" 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 y
