Farmer's house to be destroyed in a matter of hours.

Neighbor hood ^ | 11/25/3 | Varmint Al (Al Harral)

[Varmint Al]

Well, Free Republic can't help.

The farmer is at his gate with it locked. The police are there and now the county is going to have to get a court order to cut his lock. It is only a matter of hours before they tear down his house! Aren't we proud of our BIG GOVERNMENT saving us from ourselves!

His house might flood. So the government will destroy it so it can't flood!

Sad day on Bethel Island, CA in Contra Costa County.

Here is the police car, the police filling out some kind of papers. You can just see the farmer. He has only one eye and has a patch over his right eye.

Here is a link to the original thread. It was a plea for help, but it didn't work.

http://www.freerepublic.com/focus/news/949640/posts?q=1&&page=51

Good Hunting... from Varmint Al

[My2Cents]

Let's hope he remembers to keep his towel.

[ctdonath2]

Thanks for posting the ruling link - very interesting. It's too easy to get caught up in opining about the issue without knowing the facts.

Summary of the issue: the farmer built a residential building on the property in violation of the covenant. Whether anyone actually lives in it is irrelevant; the purchase agreement included no residential buildings, which a mobile home is built and suitable for.

How real estate covenant violations are dealt with, I don't know. Apparently the judge ruled the building must be removed.

The flood plain and other issues are tangents and red herrings. Base point is the guy violated the contract. Unfortunately, the issue is awfully close to a rather fuzzy line.

[Coroner]

This is what the 2nd amendment is for!!

[muawiyah]

It's a house in a "flood path" ~ a "flood plain" may be subject to periodic flooding. A "flood path will undoubtedly be flooded, and with this site below sea-level, "flood path" would seem much more appropriate than "flood plain".

In any case, almost all of the urban areas in the United States are built on "flood plains". On the other hand, virtually 100% of areas deemed to be in the "flood path" are restricted from building homes.

[ClintonBeGone]

The flood plain and other issues are tangents and red herrings. Base point is the guy violated the contract. Unfortunately, the issue is awfully close to a rather fuzzy line.

I agree. It can be fuzzy - at least to us. But trust me, there are areas of settled law and I'm quite certain this isn't the first time a court has had to rule on this type of matter. Generally violations of covents are treated as contract violations. It's term of a contract that runs with the land and can be enforced, in this case, but the person or group to whom the easement was granted or, in come cases, by neighboring property. If we live in a subdivision that says no fences or flag poles on individual property, you can sue me to have that covenant enforced even if you live in another part of the subdivision. P.S. I think you layed out the facts in this case wonderfully.

[I still care]

A talk show host very big on this subject is Neal Boortz. He is always talking about people having their land seized because someone from the government wants it. Maybe a call there might help.

[StopGlobalWhining]

Sounds similar to what the Clearwater Conservancy has planned for Central Pennsylvania.

[Coleus]

`

[JoeFromCA]

This is an old story. Neither this thread nor the one developed last July ever told all the facts.

As I recall from old news reports, there are are quite a few illegal dwellings out on Bethel Island, built without permits and not up to code. Some were real homes; this one appears to be a trailer. All were ordered out months ago.

Last July the owner denied he ever slept in the trailer; now he's up to 10 times/year, or some such. Undoubtably it's akin to the fish camps my friends in Louisiana have down on the bayou. There's a lot more to this story than meets the eye.

I'd say there are much clearer examples of government abuse to spend our time on than this one.

[sauropod]

Damn shame. I do not recall being pinged to the original thread.

In the future, on property rights issues, please be certain to flag me.

[sauropod]

Not very much actually. We are headed toward fascism.

[sauropod]

Where's your towel?

[NMC EXP]

I suggest you go to the Paragon Foundation website. Paragon is fighting and winning some property rights/takings situations.

One thing they found out the hard way is that you will never win in federal circut court.

Go straight to the court of claims. Its a different game there.

If the govt condemns property they will try to pay the market price at best. The court of claims may award you compensation for "highest and best use".

Talk to Paragon.

Regards

J.R.

[Coleus]

are you on farmfriends ping list? He seems to get notified on these type of threads.

[Coleus]

`

[epow]

A talk show host very big on this subject is Neal Boortz. He is always talking about people having their land seized because someone from the government wants it.

I've heard plenty of horror stories from Boortz about that issue. That sort of thing is happening now all around the U.S. Private homes and small mom and pop businesses are being condemned and the owners forced to take the city's or county's offer for their property. All just because the local government can get more tax money by selling it to a developer who will build expensive luxury homes on the property, or resell or lease it to a larger and more profitable business. Those city/county private property seizures for the purpose of increasing the tax base are an outrageous distortion of the 5th amendment's taking clause. Judges who allow it should be impeached, or recalled if they were elected.

Private property rights have been degraded so much they're just memories of a time when America really was a free country. I learned a few years ago that my land is now in a federal watershed management area. I can't cut a tree or build any type of outbuilding within 100 feet of the tiny trickle of water that occasionally runs along my back property line. That tiny "stream" only holds water for a few hours after a heavy rain or a heavy snowmelt. It's completely dry for 95% of the time, but it's classified as a creek and is protected just as though it was a navigable waterway.

I didn't plan to build anything down there, but I think I should have that right on my own land if I had wanted to. At least they haven't condemned and taken my property yet, but just give 'em time.

[Carry_Okie]

I think your friend should appeal to Gov. Schwarzenegger -- have him call AND fax.

You are either totally cynical or criminally insane. Schwarzenegger WANTS and SUPPORTS this kind kind of land grab. His friends and associates have advocated this kind of taking for decades. It's "for the environment" you know.

You have two choices: Learn what you are talking about (if you do you will drop your support for Arnold and admit to all of us a mistake for which you can never repay) or keep up with believing a total fantasy that operates contrary to fact.

Logic permits you no other options.

[GladesGuru]

Sorry, but you seem to have developed a liking for knee-capping your own arguments. Such buildings as are normal and necessary for farming related activities are allowed. Only under socialism influenced judges are legal traditions stretching back to the times when our ancestors achieved status as humans not just as the chattel of the nobility, so casually disgarded.

Unfortunately, since the "acceptance" of socialism such fatuous legalisms been accepted. Arguably, it is time to retake AMerica and deal with such treasonous premises and those who made a career of destroying both their fellow Americans and the basic premises of the Republic.

For the socialism impaired - socialism is antithetical to the basic premises of the Republic. Advocacy of socialism, except in the context of a call for a Constitutional Amendment allowing socialism is treason. Check the definitions. Words have meanings, really - they do!

Here in the Sheeples Republic of FloriDUH, legalisms like you just tried are somewhat accepted. But the public outrage is rising, and soon we too shall be free of those who took their premises, motives, and marching orders from the likes of Warren Z. Foster.

One more election cycle and the socialists will be out. Too bad we didn't have the backbone to hang them slowly from tree branches (but with organic, hemp ropes!) as the treasonous have traditionally been dealt with.

[yoe]

ALL Yes they should! Copy the articles and send them by mail to the EPA, Department of Justice, the President of the United States, Vice President and their respective wives. Send to anyone you think just might pay attention to this man’s plight at the hands of this extended government out of control. Be sure to send Arnold, CA's new governor the articles, freep the heck out of that fella – just flood his office with e-mail copies of these articles. Take your pick for contacting him.

(here)

[GladesGuru]

Dear Miss Froggy,

Rbbet! Ribet! Principles Count!!!!!!!!!!! Repeat after me: "Principles Count."

As a participant in the Ssawgrass Rebellion, I had to watch as a bunch of citizens were given the same treatment by the Sheeples Republic of FloriDUH that they had been given under Castro. And the old Game Commission officers once known as the "Possum Police" are now riding in new, top of the line, 4X4 trucks, with "LAW ENFORCEMENT" in huge letters across the back of the trucks.

These "worthies" are incapable of catching a fish poacher known to be illegally setting and pulling nets in a bay in north Florida. And they had special weapons teams, and an airplane, along with boat equipped teams and the usual land teams in their nice new truck.

Guess what? They couldn't catch Mr. Poacher! Not even with high tech night vision equipment and all those 'storm troopers' and their "LAW ENFORCEMENT" trucks.

These amphibous Keystone Kops even knew which days and nights the fishermen were doing their nefarious deeds. Said deeds amount to catching fish which they then sell to fish markets. Hint to the incompetent in uniform - check the markets! Your shiny jack boots won't get wet either.

And these members of the "armed and rangerous" now want such alleged fish violations to be raised from mere misdemeanors to felony level violations. Then, the nice officers can search homes without warrants. No more embarrasing failures to actually catch the violator. Merely break in the "suspect"'s door and search at your leasure.

If you can't catch the violators, which is your job description after all is said and done, why haven't you been fired?

Should ypou think I am making this up, I am not. The whine about wanting felony status was part of an incredible request to the Sheeples Republic of FloriDUH written by this merry band of violators. Having admitted thay failed even with overwhelming forces and man power, they sniveled about only more manpower. Then these socialist bachelor's children whined about wanting to felon-ize fish violations.

Earlier generations of officers obtained convictions with merely a boat and a ticket book. HELLO - there is a reason we keep gummint in chains!! Principles matter!!

Isn't the Sheeples Republic of FloriDUH making you feel warm, fuzzy, and ever so well protected?

All of this because some just don't (or worse, won't) admit that we are well down the road to being reduced to the level of chattel of the agencies.