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.
My basic point is, the law is the law. You may not like it, but you can't wish it away.
After reading this thread for far too long I've come to the conclusion that the lake owner is a jerk, the home owners are jerks, but property is property.
If there is not a law against his fence, then he has every right to put one up.
There is no way the government will step in and force him to sell the lake. There is no "public interest" other than the property values of a small number of home owners. They really haven't lost any actual value, they never really had it to begin with.
Their best solution would be to form a corporation with the sole purpose of buying him out. Get 100% compliance will all the homeowners affected and offer him, say $10,000 total. Make it clear that you will pay no more than that. Make certain that the tax accessor understands that you do not have lake front property and that he does. If he doesn't agree quick, taxes will eat into his profit from the $10,000 offer.
If he stands firm, he will have an expensive piece of useless property.
I almost bought a place with a nice pond on it. It, too, was declared a wetlands. I took a pass on the property.
It was suggested earlier that the homeowners were stupid and lazy to have not known that someone would come in and purchase the pond. The same can be said of the lake owner, to have purchased a lake, erected a pink fence, and to not suspect that his actions could result in a condemnation/public takings.
There is too much stupidity on all sides of this case to hope to document.
It happens all over the place, though. You do need to keep an eye on who your city and county officials are schmoozing with--that will usually give you an early warning "WASSSUP!"
Nor mine. I agree with you wholeheartedly on the order of events as you described. What I tried to lay out for the other poster is what I think was the best strategy (still might be) for the homeowners. At this point, I'd expect they'll need to crawl to him on their knees to get his asking price down, but it could still happen.
Bottom line: government isn't the solution to this. If the homeowners were to leverage their purchasing power they likely stand to do a bit better than $30,000 apiece.
I'm sure there are; just as there are misuses of firearms. However, both are morally-neutral tools that are reasonable in terms of their possession. I would fight the misuse of this law, not its existence.
AMEN!
Gadzooks! I never thought I'd see the day that the inventor of the easilyconcealabledriveby12gaugehighcapacityassaultrevolver (action figure sold seperately) would suffer the libel of "statist".
This misuse should be fought, prosecuted, and the corrupt politicians brought under the State Atty. Generals close examination. People should be sent to jail for such things.
That said, there are many good and reasonable applications of Eminent Domain. I have seen highways get needed expansion, exits from thruways get created, farmland turned into forever-wild parks in the face of increasingly dense development, and so on. These are good uses of this law, and I would wager that for every corrupt use of the law, there are 1000 good uses of it.
Kinda like guns.
LOL! Some people whip out that Statist label if you disagree with their particular vision of utter Road-Warrior-Mad-Max anarchy. :o)
LOL! Agreed.
Post #2 on this thread, by none other than yourself, Strela;
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.
However, since I haven't seen such a post here, I struggle to understand why you would make such a general statement in support of law and order (especially considering some of the stuff I've seen you post in drug war threads).
I guess your struggle is over. I won't wait for a retraction much less an apology. I've seen your tricks before. Now I'll wait to see how you try to wiggle out of your own words. I'm sure you will think of something.
My basic point is, the law is the law. You may not like it, but you can't wish it away.
I agree with your whole post, and I too, stayed with the thread a lot longer than I normally would have. I figured eventually someone would be able to clear up the privacy fence versus a neighbors deck 'issue'. And you did!! lol
Because they taste good? >:) -Eric
Haha ha ha. LOL!
Not to butt in, but isn't Eminent Domain based on even older British law?
As we can see, the property tax system breeds ilk like this Connolly guy.
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