Posted on 03/28/2011 1:13:13 PM PDT by smoothsailing
By Ben Popken
March 28, 2011
A woman climbed up and sat on top of the basketball hoop in front of her house in a faceoff with a bulldozer sent by the the Delaware Department of Transportation (DelDOT) to rip it out. The truck already had seven other hoops in the back but this one wasn't going down without a fight, a confrontation caught on video by Delaware Online.
DelDOT said the hoops violated Delaware's "Clear Zone" law, which prohibits trees, shrubs, hoops and other objects from being within seven feet of the edge of the pavement in subdivisions.
This hoop, which her husband said had been up for 60 years, fell under state scrutiny, along with seven other hoops, after an anonymous letter from someone in the neighborhood complained.
Delaware had sent the families letters notifying them about the pending removal. The neighbors, along with their state representative, wrote letters back to protest and they thought the action was still pending when the trucks rolled up....
(VIDEO at link below)
(Excerpt) Read more at consumerist.com ...
This country is so misplaced. When we were kids the municipal snowplow guy always waited until we were done sledding on a fresh snow before he threw down cinders and salt on our street(which had a good downhill sledding grade).
No sympathy from me. Just because it’s been there a long time doesn’t mean it is permissible. In Sacramento where a bunch of people had extended their back yards onto Union Pacific property back in the 1920’s they moaned when the company sold the right of way to Regional Transit who then tore out ‘their’ back yards and pools in order to install a light rail line. The very brief court action established the property was never theirs to begin with.
Likewise, if you build something in violation of the law at the time you build it then sooner or later the law will catch up to you.
GUILTY
Clearly, you should read up on the doctrine of adverse possession, which applies very distinctly here if one or more of the hoops in question had been erected more than 20 years ago.
I suppose she doesn’t care how silly she looks. That’s one of the problems today, no sense of shame or embarrassment.
I wonder why they’re not also ripping out those trees and shrubs on either side of the street in the background of this photo.
I’m sorry, but that’s goaltending and the DOT is awarded two points.
You make an interesting point.
I wonder if Delaware's "Clear Zone" law predates when the basketball hoop was first put up. The husband in the story claimed the hoop had been standing for 60 years. The state showed no interest or concern about it until some crabby neighbor complained.
I believe that the law was intended to allow the state to dig or clear out irrigation ditches along roads without having to put up with people filling them in, or planting shrubs that prevent snowplows from cleaning the streets. We have the kind of hoop that rolls around, here in Indiana you will find almost every cul-de-sac has a couple that the neighborhood kids drag out to play with.
Sorry about this lady having it mounted where it shouldn’t be, but if it’s creating a problem or is against code then she will just have to change it out for a portable one.
if it’s been up for 60 years, it may well precede the law.
If it has been up for more than 60 years, does that make it a ‘landmark’?
Local Government Issue.
She should have been more involved with her local government.
LOL! But are you sure? Is she offensive or defensive?
Post of the day.
Indiana! You guys are the gold standard! You can't expect some rookies from Delaware to be up to speed! :o)
Is this an example of “ex post facto”?
gosh, i hope they don’t figure out who did it and dump diesel on their lawn !
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