Posted on 05/14/2002 5:05:40 AM PDT by Cincinatus' Wife
Considering how much property the government owns already, and the fact that they seem to keep taking it at an ever-increasing pace, imminent might be more accurate.
They are popular in the Exurbs of Chicago as well, however, out our way these are not sewage runoff ponds, but rain retention ponds. The collar counties around Chicago have flooding problems and these ponds are meant to mitigate and control the problems. They don't have any odor and dogs seem to keep the geese at bay.
Of course, But you can't build it for the express purpose of hurting my resale value or to punish me because I didn't give you money. You can't come to me and say "If you don't give me $30k, I'll put a car dump in my backyard".
Let's say I own a fruit orchard. The surrounding properties sell for decent prices, because the owners are able to slip in at night and steal my apples and plums. I erect a fence, "to hurt" their "resale value" (since that's exactly what will happen if they are no longer able to enjoy MY property). Do they have just cause to compel me to tear down the fence? I guess you would say they did!
Your neighbors are stealing your property. If I can see your house, I am not stealing your house. If I can see your car, I am not stealing your car. If I can see your lake, I am not stealing your lake.
Is he allowed to or should he be able to? The government has the power and the guns to make him refrain from that, but it isn't his property if he isn't allowed to destroy the value of it.
You are right about one thing, there is no private property in this country.
But he is NOT enjoying his property. He is enjoying spoiling their enjoyment and trying to extort money from them.
But that is exactly what the guy did. He built a fence because he can enjoy his property better that way (i.e., sell it for more money). Those folks do not own the lake, they have no right to a view of it, period. Several other plausible reasons for the fence have been given, but really aren't ncecessary. These folks had free enjoyment of the lake, now if they want to keep it, they have to pay. It's called the free market.
It's not extortion in any way. They can purchase the land or they cannot purchase the land. For sure, they have no right wahtsoever to land they do not own, nor a right to a view of land they do not own.
There is. Condemnation under Eminent Domain laws, turn the property into a town park, turn a blind eye towards the owners using the land.
If I was a lawyer, I would make it a point to help these people.
Right, spoliong their enjoyment of HIS property. They have no right to enjoyment of someone else's property.
You are accurate. AppyPappy is just plain old wrong here. There are remedies, but his are non-starters.
However, if you photograph me, you are stealing my soul.
This is not pertinent or important to this case.
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