Posted on 05/14/2002 5:05:40 AM PDT by Cincinatus' Wife
EAST LAKE -- Many residents thought they owned the lake behind their $300,000 homes. They mowed up to the water line and chipped in yearly to treat the lake for algae blooms.
So it came as quite a shock Thursday when workers began erecting a 6-foot-high fence around the lake, obliterating their view.
For good measure, the workers painted a portion of the fence behind Alice Beehner's home bright pink and decorated it with sparkles.
"Isn't that atrocious?" Mrs. Beehner said Monday, pointing to the fence a few feet from her screened-in pool. "It's sickening!"
For 10 years the developer of their Tarpon Woods subdivision had let the taxes lapse on the 4-acre lake and a thin band of land around it.
A real estate speculator swooped in to purchase it for $1,000 at a delinquent tax sale in February. The speculator, 44-year-old Don Connolly of Valrico, now is offering to sell the land behind each of the homes for $30,000 per homeowner.
Residents ignored a letter from Connolly, trustee of the Lake Alice Land Trust that purchased the lake, offering to sell. Instead, someone took a couple of survey posts marking the property boundaries and threw them into the lake.
Connolly said that's when he decided to build the fence.
He started behind Beehner's meticulously landscaped property. The new fence separated her from two mature laurel oaks she planted shortly after moving into her home 17 years ago.
[Times photo: Jim Damaske] The fence behind the house of Alice Beehner, with dogs Beethoven and Bridgette, is pink with sparkles. Don Connolly says the color is to warn workers to stay away "because that person is very volatile and confronted us in the past."
"It's total extortion," Mrs. Beehner, 61, said Monday.
Connolly said he offered to sell the property to the homeowners as a courtesy.
"Is selling a piece of land extortion?" he said. "That doesn't make any sense to me."
He said he specializes in buying properties at tax sales. Records show he owns 50 properties in Pinellas County. Connolly said he owns 150 to 200 statewide.
"When people don't pay their taxes, this is what happens," he said. "I was willing to pay more than anyone else for this property. . . . The business we're in is unpleasant sometimes."
Connolly knows the consequences of failing to pay taxes.
Records show that in 1997 he was charged with failing to remit more than $100,000 worth of sales tax for an auto sales business he owned in Hillsborough County. Connolly blamed it on the company's accounting firm and said he reached a settlement with the state.
Because homeowners have rebuffed his offer, Connolly said, he now plans to develop two or three "executive" homes overlooking the lake. It might entail a dredge and fill project to move the lake a bit to the south, he said.
County officials said that would be difficult, if not impossible, to accomplish.
"He can't build on it unless he replaces the stormwater drainage," said Al Navaroli, a manager for the county's Development Review Services Department. "And pretty much all of it is stormwater drainage. . . . He's limited in what he can do."
But there's nothing to prevent Connolly from erecting the fence, Navaroli said, or painting it any color he chooses.
"I certainly see the man is trying to be obnoxious to his neighbors," Navaroli said. "But I don't see that he's violating any codes."
On Monday, the fence stretched across three of the 15 waterfront lots. He plans to extend it all the way around the lake.
"My intention is not to annoy anyone," he said.
As for painting the fence pink behind Mrs. Beehner's property, Connolly said, it was done to warn workers to stay away from that site "because that person is very volatile and confronted us in the past."
Connolly said he was shocked by the vitriol from some of the residents. The offer to sell small pieces of land to individual homeowners is off the table. Connolly said he is now negotiating with one homeowner interested in buying the entire 4.7-acre property.
He would not say how much he is asking. "I'm a reasonable man," Connolly said.
Mrs. Beehner warns the pink fence behind her property could be erected behind any number of homes in Pinellas.
"People need to be warned," she said. "This could happen in your back yard."
Connolly said he owns one other lake in Pinellas County.
But Navaroli said his office believes Connolly may own several properties that neighborhoods consider common areas. Navaroli said he warned the county property appraiser's office more than a year ago about the danger of taxing undevelopable lands, such as retention ponds, or selling those lands at tax sale.
"It's a pretty disgusting mess," said County Commissioner Susan Latvala. "We have to prevent this from happening again. That kind of property should not be for sale."
As for the Tarpon Woods lake, however, county officials said there may be nothing they can do to help the homeowners.
Some homeowners blame the developer, Lloyd Ferrentino for allowing the taxes to lapse. At the very least, some said, he should have notified the property owners so they could have tried to buy it. Ferrentino could not be reached Monday.
On Monday, Connolly's workers continued their fence-building, extending it behind the home of Peter Cieslinski. Cieslinski, 44, who was just released from active duty in the Navy a week ago, said he can't believe the county would allow someone to come in and take away his view of the alligators, turtles and wading birds.
"I look at it this way: There's the spirit of the law and the letter of the law," Cieslinski said. "The county is looking at this as the letter of the law. There's got to be a legal Latin term for "the law says this, but wait a minute, look at the extenuating circumstances.' "
Mrs. Beehner said neighbors plan to hire an attorney.
What right does anyone have to enjoy their property?
What about Indian rights to fish in this lake? I am sure they would be glad to make some arrangement with the neighbours. And when this jerk steps even a few inches into the someone else ground, I hope they will defend their PRIVATE property with the appropriate weapon.
The property being enjoyed used to belong to the homeowners. It now belongs to the extorting bastard, so the E.B. is not denying quiet enjoyment of anyones property.
However, this parcel may not be landlocked, so if houses surround the lake, it may be condemned. If an easement exists through county property, the county may deny and rescind the easement in a county vote. If, however, this parcel has any direct road frontage, the homeowners are screwed.
You are ignoring the obvious in favor of the inane.
Because that is how much it is worth to him?
Sure it's his property and he'll gloat for awhile. But in the end he'll see his and other private property owners' rights curtailed for his being such a greedy "in-your-face" jackass. He's vastly outnumbered by socialists who vote, and they know what to do. Then he'll moan and cry about the evil "statists." But the "statists" are a monster he created and strengthened.
Meanwhile the rest of us will continue to suffer the consequences. I am so tired of seeing my rights curtailed because some libertarian or quasi-libertarian believes the the best way to interact with his neighbor is to "legally" poke him in the eye with a sharp stick.
Apparently there are 15 "waterfront lots" and this guy contacted these people to make a deal. It looks like they all brushed him off. Now the guy owns a lake and all the neighbors want a free view of somebody else's lawfully purchased lake. Maybe the homeowners are the butt-wipes. In fact, they must be butt-wipes for them to let this happen.
You're missing the point. His motivation for building the fence is immaterial; he has a right to with his private property as he wishes. These people do not have a right to tell him what to do with his property, any more than he has a right to tell them to tear down their homes. It's a simply concept, which you are evidently unable to grasp.
So he can dump motor oil into the lake if he wishes?
I don't doubt that thought has crossed more than a few minds.
The buyer of the lake is playing by the rules that were set up by the county who is looking out for the taxpayers.
Arson as a legitimate means of settling disputes?
Who knows? I'm not familiar with all the intracacies of selling land outright versus selling access rights. It seems to me that he could make more money by charging annually renewable access rights.
If he wants to obscure others view of his land, then that's his right as the owner of the land.
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