Posted on 10/11/2006 9:37:49 AM PDT by lmailbvmbipfwedu
He Can't Do That, Can He? Oct 11, 2006 - "I'm not lining his pockets with anything but dust," says resident Carol Cockerham. Carol and Frank Cockerham say they're not paying a toll to use Goings Road.
"We've had no problem, 'til he come along," Frank says.
The man who bought Goings Road at Ludwig Road from a tax auction... sent residents a letter claiming the drive is private property... and may be enclosed with a chain link fence.
He says he's going to charge the residents $50 a month -- per vehicle -- to use the street.
He also claims he'll install a mini-cam to record all use of Goings Road so he can properly bill people who use it.
Carol Cockerham says to that, "Well, for one thing, who'd buy a road? And the other thing is, this guy's crazy. I mean, think he's going to charge a toll on a road? In the city?"
The Cockerhams say that Goings Road has been used as a public street for more than 40 years. And they say that if the new owner tries to put up some sort of a gate with a padlock to prevent access to Ludwig Road here, they say that's not going to stay up very long.
"Well, I'd say one thing, I imagine if he put up a gate down there, it's going to be tore down by somebody. 'Cuz them people won't put up with it," Frank Cocherham says.
It's not clear whether someone can legally charge a fee to use a road, private or not.
So Frank and his wife have appealed the sale of Goings Road.
A hearing on the appeal is scheduled for October 20th.
Very interesting. That's like one of those cases you have in a school debate club.
I wonder if these folks actually have an easement in their property deed to use the road...?
If it was bought at a tax sale, then it sure wasn't "a public road".
I suspect the new owner is going to be doing a lot of fence repair, LOL.
I think it would depend if this is the only way in to their property. If there is another way then too bad. You can not land lock people but they have no right to use your private road if they have other options. At least that is what I have heard. We have a private road but let those use it who otherwise would be land locked.
Aren't governments all over the country investigating doing this very thing? So, if the government wants to charge a toll on a public road, it's ok. But, if a private citizen wants to buy the road and do the same, it's not?
After forty years of "open and notorious" public use, I don't think this attempt is going to stand.
It'll be for sale at a tax lien sale in a couple of years...
Continuous, open and hostile (meaning without permission) use creates a public use, just as it can create ownership for the user. At least here in N.J., IIRC my real estate law from the broker's exam.
Some people make a living off stuff like this.
We had a case here in FL a while ago of a guy who does this. One of the things he bought was land in a pond around which houses were built. Then he tried to build a wall so people could not have a water view, and said he would take it down if they paid him.
I am not 100% sure of the facts, but I know some freeper will remember it.
About a decade ago our area of town looked into the possibility of taking control of a road, then charging a toll. Believe it or not, if you own the road, you ARE allowed to charge a toll. However, ALL MAINTENANCE AND LIABILITY costs are bourne by the owner (if a pot hole causes an accident and results in a death, you will get your butt sued off).
That term I think was used on a turn around for the county on one of my dad's farms. I believe the ruling was that since it had been used like that for so long (and by permission of the old owner), they could continue to use it even though the new owner didn't agree.
Anyone remember the Monty Python sketch where two gangsters attampt to extort money from the commander of a mechanized infantry base?
"How many tanks you got here, Colonel?"
"Oh, about three hundred I would expect, with about two thousand infantry."
"Things break, Colonel. Wouldn't want any of your pretty tanks to break, now, would you Colonel?
My guess is that the cameras will end up falling victim to "accidents" in the middle of the night, and the fence/gate will be roughed up as well.
Things break.
In many states, if a public right-of-way has been established by continual use over time, then a landowner must respect it or get it closed by state law of ordinance. I would think that trying to make a right-of-way a toll road would also require the sanction of the appropriate local government.
I don't know what the law is in that state but in mine the fellow loses, period. Even without an easement forty years of common use wins out. Of course there will be the necessary attorney fees and court costs. Major PITA.
Use the road and drive thru any damn fence stretched across it. And let's see what happens when he submits a bill to someone.
Many municipalities will not let you subdivide or otherwise create a lot that is landlocked, unless you add an easement as well. I tried to get a lot subdivided to buy the landlocked part for a hunting preserve (who cares if it is landlocked if you will never develop it, right?) but it was not accepted by the township.
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