View for sale: $30,000 New owner of a lake fences it off when homeowners wouldn't pay.

St. Petersburg Times ^ | May 14, 2002 | ROBERT FARLEY

[Lazamataz]

See my 157. These are the only realistic options open to the county. You cannot simply 'grant' easements on land you do not own, and who's owners are adverse to the easement. You must condemn your way to an easement. There is an exception in some communities if the easement is for public utilities.

[1Old Pro]

The conspiracy of ignorance masquerades as common sense.

I'm often amused by homeowners who think they "own" the neighborhood. If you want it, buy it.

[NittanyLion]

What is obnoxious is obnoxious within reasonable standards, but say if he has a multi-kilo-watt sound system blaring long into the night -- that is obnoxious, and can reasonably be restricted, and such restrictions are the duty of local government, so that adjoining owners are not a constant war with one another.

In your example, the sound would not be confined to their own property. This fence is clearly confined to this guy's property, which is why it should be allowed. If the standard was "I don't like the view", I could force m neighbors to tear down their pink shutters.

[Lazamataz]

If the standard was "I don't like the view", I could force m neighbors to tear down their pink shutters.

Zoning and Homeowners Associations permit this.

[E Rocc]

The fence is wood construction, eh? It would be an awful shame if every board-foot happened to catch on fire and burn one dark night.

Arson as a legitimate means of settling disputes?

If I were him and someone did that, I'd not only rebuild the fence I'd install security lights and cameras on my side of it. I now have justification as a previous victim of a violent felony.

-Eric

[Protagoras]

The respect for private property rights seems to be a fickle thing 'round here, doesn't it?

It makes it easier to be a conservative when you only have to adhere to your core principles when it's convenient. "Situational principles" seem to be popular on both sides of the political spectrum.

[AppyPappy]

No. They can't enjoy THEIR property. I doubt they care what he does with his house.

[Bikers4Bush]

Same kind of deal here in Ohio. I know the laws differ from state to state but I'm still of the opinion that there should be some type of legal relief for these folks.

Thanks for the info.

[Protagoras]

There is a word for this. Somehow it seems to me that the word is HORSESHIT!.

I agree wholeheartedly. I'm glad you didn't advocate violence to address it, privately or government administered.

[bvw]

This is a fence built for one reason, and I do believe that reason should be considered -- although for the sake of Liberty and freedom, Judges should avoid considering the reason a property owner has for doing things, but there are and will always be exceptional cases, which is why a person's judgement is required. Judgement in such gray areas is preferred to nuances and petty regulation in some wordy code.

[joathome]

"Has this affected the property values of the homeowners? If it has, I think they're due for a re-assesment and property tax reduction"

Bingo! I would bet that the value of these homes has decreased tremendously.

All is fair in love and war. The probably corrupt government officials wanted to let this leech do this--let's see them squirm when the next tax assessment rolls in.

[Minnesoootan]

You may just be taking the "victims" side on this one just to make the debate more interesting,but what we are dealing with isn't a "lake",it is a man made sewage runoff area probably created by the original developer to make the properties more desireable,and this man has the right to fill it in and develope it if he wishes.Suburbs here in the Twin Cities are full of these "lakes" and basically,they just plain smell bad and attract flocks of fowl urban geese(rats with wings)

Unless they were to find endangered 3 legged pink furry flying bat frogs living there,that would open up another can of worms,otherwise I expect the "lake" owner to grow tired and just fill it in and develope it....;-)

[maccraze]

I LIVE IN DELRAY BEACH FLORIDA AND WE ARE GOING THROUGH A VERY SIMILAR SITUATION. IF YOU NEED ADVISE CALL OUR MANAGEMENT COMPANY. WE WILL MOST LIKELY BE GETTING OUR PROPERTY BACK AT COST. A SMALL PORTION OF COMMON GROUNDS TAX BILL WAS BEING SENT TO ORIGINAL DEVELOPER. HE FAILED TO NOTIFY US AND IT WHENT TO AUCTION. THE COUNTY SAW THE MISTAKE AND IS IN THE PROCESS OF FIXING THE PROBLEM. MANAGEMENT COMPANY IS PHIL CITTADINO MANAGEMENT, INC IN DELRAY BEACH, FLORIDA

[Protagoras]

What right does anyone have to enjoy their, property?

Bold for contemplation.

[AppyPappy]

The lake is not the issue. The fence is the issue. If the owner decided to erect a statue of himself in the lake or build an ugly boat, I doubt anyone could say anything.

[Lazamataz]

The interesting part about this is that this guy is that he'd cave if they physically threatened him. Buzzards are always like that - full of bravado on how they get the system to work for them, but spineless cowards when dealt with murderously as they deserve.

We may agree on the character of the man, but we are a nation of laws, not of violent remedies to property disputes.

I could see this solved fairly easily by using Eminent Domain laws and a hastily-organized vote at the county level. Condemn the land for public use. The homeowners would no longer own the land but they could use it; the man would get his money back; and no one would be tempted to shoot, burn, or kill.

[freedomcrusader]

They can't enjoy THEIR property.

How so? Because they no longer can have a view of a lake or a strip of land surrounding it that they don't own?