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Tractor Talk Discussion Board

Re: Propery rights, emminent domain, adverse use,


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Posted by Billy NY on March 19, 2006 at 12:02:06 from (152.163.100.74):

In Reply to: Propery rights, emminent domain, adverse use, etc. posted by jdemaris on March 19, 2006 at 07:59:09:

That is bizarre, I made sure to keep them in check here as best I could and work with them, however had they gone over the line, they would have been stopped, not allowed to return on any portion of our side of both property lines. They tried to purchase more width, years ago, some people sold, we did not.

The operators said they might want to start the tower construction in mid winter, and said that that having a hint of that, they were sparing no expense on the road they need to bring in the crane and the tower sections, apparently they know how the bosses like to work and try and get ahead of the game, like all agency type scenarios, they sometimes do a lot of things that don't make sense, they already have the tower sections fabricated, but did not have a foundation design, they did borings last August, to determine the soil bearing capacity and so on.

They did survey their 175'-200'wide easement established a center line. The first time Asplundh went through and cleared the brush and trees off, and appear to stay within their easement. 2nd time they came through they did some heavy clearing on the opposite side, engineers decided to switch sides for the new circuit to be added. We already have 1 wooden set and high tension on steel, forget the capacity, but to increase the existing they would have to do a lot of work, as the big line is at capacity now, it's big dollars if it goes off line. They have to cross our pond/wetland, the existing wooden set is leaning, it will share the new tower at this juncture to make the crossing.
Best thing you can do is get your point across to the right of way agent ahead of any planned work, not sure if the same guy handles your area or not.

We've had similar issues and opinions regarding property rights, the state erected a sign ( I could post a photo if knew how on this site ) denoting an area they built along the state 2 lane highway east-west NY Rt. 7 when they put in sheet piling, took some of our under property eminent domain. Sign says our towns name then Viewing Area, small parking area was built so they have exploited our wetland for public viewing. I don't mind people enjoying what I see from my home for the last 30 years, the most productive wetland in the county, but it's the way they went about it. They are proposing a new super walmarts within 150' of the water line, we already have a walmart, as I type there is NYS police helicopter searching for someone out there, rattling my house, I'm wondering what kind of criminal is out there now. No peace and quiet on a sunday.

There is a photo of part of our wetland on the 1st page of the link I posted, from the public viewing area. All of the propsed changes to our town are posted on this site, it's unreal, you do wonder about continuing to own land, soon as a road is cut in the atv's take over, Tug Hill, boy that must be fun to keep people off, that's where all the snowmobilers head to, especially when there is no snow.

The NYS police does not like to deal ATV and tresspassing issues, the local barracks gets 10-12 calls a day about it, and it's just a violation, they issue you a court appearance ticket, so tresspassers have it made, it's a joke in one sense.

Taxes, like you said, for what you pay, there seems to be something wrong. Oh well, good discussion though.





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