Update on the Boundary Encroachment
A while ago, I posted about how the local air-board had encroached significantly on my property and we were trying to work it out amenably… Well, that ended…..
The last I reported, they had agreed they were in the wrong and wanted to make it right…. They were going to be discussing it with the DNR to see about moving the trees off me. Well, the end of February I got a call from the President of the Air Board and he informed me that they had heard back from the DNR and they would NOT allow a change to the original scope of the project so they would not allow the trees to be moved off me out of the drainage flow easement (Has anybody heard of the trees being allowed to be planted in the flow way/drainage easement as an improvement to drainage?)or they would have to start the whole project over.
What was unsaid, since this was for wetlands mitigation and LOTS of FEDERAL FUNDS are involved, they didn’t have time to redo the mitigation and receive the FEDERAL funds…. so I am going to have to let them HAVE the property. He proceeded to tell me they had prepared a couple of options for me to consider. He’d send them to me by e-mail… He told me that they had a meeting in two nights and they’d like my answer to discuss at the meeting. He further informed me that they got a new attorney and that he would be talking to him about the situation. It looks like they are going to sue the Engineering firm that created the mess. I ask about being named a co-plaintiff in that suit as I really wasn’t interested in punishing the town as it did not appear to me that they were doing much more than relying on “professional” advice…. He told me he’d bring it up an get back to me right away.
A little later, I got their proposals. The first is about a half acre that wipes out my biggest/best building expansion site. Effectively wipes out 2/3 of future expansion. Second proposal takes approximately an acre and gives me BARELY enough room to get around the EXISTING building and wipes out ALL chance of future expansion.
I thought about it for the next 24 hours and sent him my response for consideration at the meeting. My proposal included another option, that they buy me out totally. I outlined all of the events that had taken place and the opportunities that they had to stop and re-evaluate and correct the issue before it become and issue and the damage was done which they ignored. I gave them a price of three times the appraised value of the the property. That is appraised value is what the County Assessor says the property is worth for the last 10 years (granted everyone says this rate is rather exorbitant as it works out to about 10 times the original cost, but that is another issue). The multiplier of three comes from the fact that in timber trespass cases, you get three times the damages. There options were slightly less as they reflected loss of expansion and potential income. I stated that I thought there would be great gnashing of teeth and wailing that my price was unreasonable but that it was a starting point for negotiation.
The day after the meeting I got a message that they hadn’t had a chance to discuss the issue with their new attorney (sounded a little suspect to me) but would be talking to him at length after the weekend. When I still hadn’t heard anything a week later, I sent an e-mail asking what the status was. In return I got a VERY formal email telling me the steps that they were going to have to take and that they could pay no more than the appraised value….. etc. (outlining the process of eminent domain without calling it that). Of course, there is NO mention of their trespass and damages to the property ALL took place before they started the process.
I sent a response back telling them that since they were going to play the eminent domain card that they were to stay the hell of MY property unless I was present and any appearance there on with out notice and my presences would be considered FURTHER acts of hostile trespass and would be treated as such.
Two they were storing a number of trees at my storage facility and they would be receiving a bill for storage of the same. And the contact information for my attorney and that all further contact would be through him or it would be considered harassment.
In a very short time I received a response that they just couldn’t understand why I had turned so hostile and was getting an attorney involved yatta, yatta, yatta.Well, I now find out from a very reliable source that the real reason they have a new attorney is that they parted company with their former council over this. It seems that when they brought this to him, they directed him to “acquire the property” at the lowest cost possible and if possible to attempt to brow-beat me into DONATING it to them. He then told them that he didn’t think that would work and that they needed to do what it would take to make me happy and this to go away… They pushed further and he told them that he REALLY didn’t want to take this to a hearing because there was NO WAY that they wouldn’t come out looking VERY BAD it went that far. They again told him what they expected and threatened to fire him if he didn’t follow directions. He told them that what they were directing him to do boarded on if it was not in fact unethical and that he really didn’t need to be involved….
SO, I have filed a tort claim against the air board and the town.
I met with their appraisers who, oh by the way they had FAILED to inform as to their trespass. Appraisers were NOT amused.
I have further found out there have been a number of lies told to me in an attempt to keep this quiet and to get me to surrender property.
Up to this point, I have not yet contacted any media organizations or those organizations which fight eminent domain but I fear that it is SOON coming.
Will keep ou informed.
- 11 Replies
Those greedy dummies are trying to get one by on someone who is too shrewd for them. Keep up the good fight.
Passed through southern Indiana last week and saw a highway sign saying French Lick. Made me think of you and wonder what you had been up to lately. Great to hear from you.
With regards to planting trees in a drainage – I have seen it. Quite a bit. You will see it more and more in the future. The idea is to retain the water, slow the flow, partly as a biofilter and partly to give the stormwater time to drop the solids it is carrying and to infiltrate into groundwater. That way it doesn’t silt up the wetland it feeds and the bugs and bunnies are happier.
> Will keep you informed.
GET ‘EM GORDON!!
In a very short time I received a response that they just couldn’t understand why I had turned so hostile and was getting an attorney involved yatta, yatta, yatta.
So, after they get a couple of attorneys involved to protect themselves, they don’t understand why you think you need one, too? Good for you. IIRC, this all went back to some bad amateur “surveying” based on a Tax map and aerial photograph, right?
i’d guess it’s one of those engineering surveys
It looks like they are going to sue the Engineering firm that created the mess.
good luck with the fight. too bad you have to go through it.
First move:
Take the board out of civil court mode and put them in criminal court as the defendants.:clap:
Criminal trespass and Vandalism for starters. Search the statutes and hit them with every criminal charge you can even remotely apply to the situation. Most are going to be misdemeanors, but you might be able to find a felony to hang on them. That would change their tune in a hurry.
Most people are not afraid of civil court. Most Are afraid of criminal court.:snarky:
Second move:
set back and wait.
Third possible move:
Remove every tree that was illegally placed on your property and turn them into firewood, wood pulp, etc..B-) :good:
edit:
If memory serves, those trees are now yours to do with as you please. What is growing on your property is yours, unless you give permission for someone else to plant and grow something.
Yipp poorly indexed GIS
The Appraisers showed me the GIS print out. It shows the property lines about 50 to 60 feet of. Never mind that they show property lines going through one large commercial office building next to me, TWO houses and that the drive to my property is entirely OFF my property, there was NO reason to suspect that the GIS wasn’t correct…..
The real question is. IF they really thought that this was ALL on the town’s property and they were not trespassing, why did they call my Dad to ask permission before they started the project…. At least these is what the told the town board when questioned on their actions…. They had called my dad and he said it was “OK”. When they were ask if my dad’s name was on the deed they said they didn’t think so. When ask if dad had a power of attorney, they said they had never thought to ask….. and responded that they really didn’t think it was necessary….
When I was told this, I ask my Dad about it…
Dad said he remembered somebody calling him and what they were talking about was cleaning out the creek. And while he admitted to saying that cleaning out the creek sounded OK to him, they needed to talk to me as I owned the property. He is highly pissed because they never mentioned moving the creek OR planting trees on me.Remove the trees….
I have no hope of criminal action as the prosecutor here is a real pussy and political puppet.
Just to give you an idea, here a few months ago we had a guy that had a restraining order against the brother of the chief of police. Not sure of the issue but think it was the guys wife had moved in with the chief’s brother or something…..Anyway the Chief and his brother show up at the dude’s house. Dude ends up shot and killed in his own living room by the guy he had a restraining order against…
No charges filed……
And given he refused to take action against my ex-wife for breaking into my office even after she admitted to it in court on the record…..
Can you understand why I don’t have any faith in the criminal justice system here? No way in hell this cat would file charges against a municipality… He’s more likely to attempt to blow smoke up my ass that they are immune to prosecution because they are government officials yatta, yatta, yatta….
Actually, I am going to send them a bill for the trees..
I mean it is a storage facility……
Been trying to figure what a good rate would be…. I am thinking a dollar a day per tree….. Since November, that’s roughly six months so would be a rather healthy chunk of change….
Actually, I am going to send them a bill for the trees..
How much are the trees worth? You could get a spade or a back hoe, dig them up and have a landscape materials sale.
Did they remove material from your land? That could cause issues for the future development of the property. Does this modification now constitute an additional burden of permitting before conservation?
Call the presses! Just another case of big government trying to steamroll the little guy. Also, send this to your board of registration. Also send this to your surveying society with the idea of pushing for GIS regulation in your state.
Actually, I am going to send them a bill for the trees..
Well, I’m all for sending them a bill….but I don’t know you have a strong leg to stand on, if you let them store them there and then suddenly send a bill. At least make them aware that you are no longer giving them storage for free; and a bill might just do that.
Regardless, good luck with the whole deal. It sounds like you have strong standing in everything else. These guys shouldn’t be trespassing and running amok over other people’s properties. They should know that the GIS isn’t reliable. Everyone these days likes to design, to, rely on, get coordinates from GIS. They are fooling theirselves.
Even if they do try to invoke emminent domain, they are way too late. They should have had permission to enter before they even stepped foot on your property. If they needed to temporarily use some of your land – under eminent domain, they should have negotiated a temporary easement fee with you. If they are ‘taking’ your land they needed to start the proceedings well before they went to work on it. They are completely out of line, and out of gas, from everything you have said.
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