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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

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.


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: property
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To: Kevin Curry;Roscoe
This is the kind of stupid-libertarian-trick behavior that generates new laws restricting the use of private property.

Roscoe, I'll let you speak for yourself if you care to weigh in on this, but I believe Kevin has just lumped you in with the godless libertarians.

281 posted on 05/14/2002 7:39:52 AM PDT by tacticalogic
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To: You are here
That's the sort of crooked argument that tends to fall flat on its face in court, often in a most costly manner.

And your reply was the sort of humorless, overly-literal kneejerk that tends to get one laughed at in a public forum, often in a most embarrassing manner. Just because you apparently believe that every public statement is an incitement to crime doesn't mean that the rest of us do.

282 posted on 05/14/2002 7:40:30 AM PDT by strela
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Comment #283 Removed by Moderator

To: Sloth
Well how about an easement. You have had access to that view for X # of years. Is there not some law that grants an easement to that view, unobstructed?
284 posted on 05/14/2002 7:42:15 AM PDT by mc5cents
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Comment #285 Removed by Moderator

To: Kevin Curry
There will always be people like this guy. Hence, your vision of a libertarian utopia is an impossible one, if what you say is true, that guys like this and actions like his necessarily lead to more statism.
286 posted on 05/14/2002 7:43:30 AM PDT by freedomcrusader
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To: NittanyLion
How can you stick up for this guy? He made a business decision. But the pink fence? Please. I'm sure this guy has no friends, but plenty of enemies.
287 posted on 05/14/2002 7:44:03 AM PDT by Hildy
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Comment #288 Removed by Moderator

To: Hildy
How can you stick up for this guy? He made a business decision. But the pink fence? Please. I'm sure this guy has no friends, but plenty of enemies.

Pink fence? Maybe he is gay?

289 posted on 05/14/2002 7:45:24 AM PDT by A. Pole
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To: You are here; technochick99
When was this? I didn't read that in the article.

I am mistaken. They never owned the property. We are buying into a similar situation -- we will be buying a pond-lot with a use-easement (at least) to midway into the pond. But it will be the developers property, so we will need to make sure the land is permanently a pond, and that he keeps taxes up.

290 posted on 05/14/2002 7:45:39 AM PDT by Lazamataz
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To: ThomasJefferson
It is the failure of local Judges and Councils to act with more scope of discertionary authority in resolving property issues between neighors -- primarily big developers -- that has caused, more than anything, the property-right ruining wordy, obtuse and petty zoning laws we have today.

That is overzealotry in defense of "process" in property rights in specific cases caused those very property rights to be greviously and generally impaired.

291 posted on 05/14/2002 7:45:56 AM PDT by bvw
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To: mc5cents
Well how about an easement. You have had access to that view for X # of years. Is there not some law that grants an easement to that view, unobstructed?

No.

292 posted on 05/14/2002 7:46:22 AM PDT by Lazamataz
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To: Hildy
But the pink fence? Please.

Sounds like the pink fence was in reaction to some less-than-friendly behavior on the part of at least one of the homeowners to me. Connelly isn't the only jerk here, IMHO.

293 posted on 05/14/2002 7:47:31 AM PDT by freedomcrusader
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To: Lazamataz
Precisely. So, this guy is up a creek without an easement.

I was wondering when someone was going to bring up the easment issue. I'm not an attorney (thank heaven) but I seem to remember from my real estate licence course that there are different kinds of easements. In past times easments were recognised for usage of land without written documentation if it could be shown that the property was continuously used for a specific purpose.

Example; A farmer had been herding his livestock over a particular route to a stream to water them for a certain amount of time, a new owner of the property they had been crossing sought to deny them the access across his land to reach the water. The courts granted the farmer an easment to continue.

I wonder how long these people had unrestricted access to the lake and if that might be a route to follow for them.

294 posted on 05/14/2002 7:47:34 AM PDT by Protagoras
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To: ThomasJefferson
You are missing the point. He did not build the house solely to punish you or extort money from you. If he built a wall that blocked your view and then demanded $30k to remove the wall, that would be a similar case.
295 posted on 05/14/2002 7:47:50 AM PDT by AppyPappy
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To: AppyPappy
He's not demanding, and he's not just offering the removal of a wall. He's offering land, for $30K, and no one has to purchase it that doesn't want to.
296 posted on 05/14/2002 7:50:10 AM PDT by freedomcrusader
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To: AppyPappy
You have no right to stop me from enjoying my property as long as I don't hurt you in the process. Ever heard of Libertarianism?

*SIGH* These homeowners can enjoy their property. They can no longer enjoy his property, unless they choose to pay for it. Think about the reverse: what if this guy demanded that the homeowners remove their houses, because it was detrimental to his view while boating on his lake. Would that be okay?

297 posted on 05/14/2002 7:51:31 AM PDT by NittanyLion
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To: ThomasJefferson
I was wondering when someone was going to bring up the easment issue.

I've been screaming about easements and eminent domain condemnation ALL THREAD!! :o)

298 posted on 05/14/2002 7:51:44 AM PDT by Lazamataz
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To: freedomcrusader
No, he is offering to remove the fence for $30k. If it were just the land, he wouldn't need the pink fence.
299 posted on 05/14/2002 7:52:01 AM PDT by AppyPappy
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To: NittanyLion
The houses were not built specifically to deny him the right to his view from a boat.
300 posted on 05/14/2002 7:52:41 AM PDT by AppyPappy
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