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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: You are here
Your post #616 contains a host of interesting links on the abuse of eminent domain.

It's a scandal! As if we didn't suspect!

641 posted on 05/14/2002 11:23:30 AM PDT by headsonpikes
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Comment #642 Removed by Moderator

To: You are here
I'm from the "if you're gonna sell your property, ask around the neighborhood first" school of thought. It does keep things more peacable.

Here, from what was reported, I think the a good result might be a taking with reimbursement -- and much much better than the $1000 -- give a real profit to the b*stard.

643 posted on 05/14/2002 11:24:28 AM PDT by bvw
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To: tacticalogic
The property was taken from a man who was on good terms with the people of the community

Tax delinquency = = on good terms with the community. That's a new one.

644 posted on 05/14/2002 11:24:35 AM PDT by freedomcrusader
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Comment #645 Removed by Moderator

To: ThomasJefferson
I guess your struggle is over.

Considering I never had to struggle in this thread to begin with, you might be right. A battle of wits with a unarmed opponent such as yourself could hardly be considered a struggle of any great import.

I won't wait for a retraction much less an apology.

What exactly did you wish me to "retract" or apologize about? Pointing out the delicious irony of you baying for the police to come and drag off posters to a thread who make jokes about burning fences, while on the other hand crying like a woman about illegal drug dealers and users getting the punishment they deserve from the legal system in other threads? Sorry, but pointing out textual schizophrenia like yours is a hobby of mine, and is not yet illegal or even immoral on FR.

No retraction or apology is forthcoming from this quarter. Deal.

I've seen your tricks before.

(smile) Yup, that's me - a regular Svengali.

Now I'll wait to see how you try to wiggle out of your own words. I'm sure you will think of something.

You could teach Bell and Howell a thing or two about projection.

646 posted on 05/14/2002 11:26:27 AM PDT by strela
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Comment #647 Removed by Moderator

To: bvw
Ooops -- check myself -- I take that "taking" back. Poorly considered ... wrong to charge the whole muncipality for the benefit of just the lakefront owners. Would have to be a deal where the lake homeowners came up with the dough.
648 posted on 05/14/2002 11:27:20 AM PDT by bvw
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Comment #649 Removed by Moderator

To: CharacterCounts
Actually there was no analogy. I merely stated that we see scum like this in the cases I described. This guy is a tax-sale scavenger just as the others are. Buzzards like this guy are a dime a dozen seeking ways to legally steal property.

He may find that he doesn't own the lake either since it is, by law, part of the "waters of the United States" and therefore subject to the wetlands regulations. Which his neighbors may educate him about if they get a smart lawyer.

650 posted on 05/14/2002 11:29:29 AM PDT by justshutupandtakeit
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To: You are here
Don't make me sic Zane Thomas on you.
651 posted on 05/14/2002 11:29:50 AM PDT by AppyPappy
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To: You are here
Freepers rationalized and attempted to justify the anti-social behavior of the homeowners.

Quote me.

652 posted on 05/14/2002 11:29:55 AM PDT by Roscoe
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Comment #653 Removed by Moderator

Comment #654 Removed by Moderator

To: Roscoe
With all due respect, I find Mr. Robinson considerably more responsive and enlightening than his critics.

I don't know who his critics are, but I assume that you have some special attraction for him because he allows you and the merry band of imbeciles you run with to continually disrupt this site even as he doesn't allow others to do so. It's his site and his call, I didn't even criticise him for it, I merely opioned that it was not likely that he would answer the question in any case. No problem for me, if people like you weren't here how would others know what the definition of a goof was?

655 posted on 05/14/2002 11:31:53 AM PDT by Protagoras
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To: Roscoe
The assertion that taxation is "socialism" is one of Libertarianism's more nonsensical mantras.>

If taking your money for the "public good" is not socialism, why should taking your land, or limiting your use of it to the same end be socialism?

656 posted on 05/14/2002 11:32:27 AM PDT by tacticalogic
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Comment #657 Removed by Moderator

Comment #658 Removed by Moderator

To: justshutupandtakeit
Buzzards like this guy are a dime a dozen seeking ways to legally steal property.

I thought your beloved government was here to prevent people from stealing? In this case, they were the sellers. I guess that makes them the thieves huh? LOL

659 posted on 05/14/2002 11:34:34 AM PDT by Protagoras
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Comment #660 Removed by Moderator


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