Have not posted in a long time. Long boring day spent waiting to be called in on a court case. We are all fine. Laid off my instrument man, but doing good other than that. It is now me and my 18 year old son. A large construction layout job is keeping us busy. It would be pretty slow if not for that.
Court case is over ownership of some unopened (never built) platted right of ways from the 1890's I was the only surveyor testifying as there is no dispute over the property lines, just ownership. I think it is a clear case or splitting the right of ways to the owners, but one owner is claiming the county abandoned them long ago and now possesses them through adverse possession. Probably the entire case will rest on when/how the judge feels they were abondoned, if they were abandoned (no record of abandonment and tax maps still show the unopened right of ways as county property) County Attorney testified that the county makes no claim of ownership over the unopened right of ways. The decision could be substantial as there are thousands of sections of unopened, never built, but platted and on the tax roles as alleys, streets etc. that are now on the county's records.
I check in occasionally, but lost interest after the transfer to the new boards.
Sam
Sam you made an interesting comment in your discourse
about how you would be slow if you did not have a large construction job.
Over the years i have often reflected the what if scenario where if you had not met someone that led to a long time client, larg job.
Or if you had missed answering a cold call for surveying that then turned into a big project.
Or the situation as you are currently experiencing.
I have found over the last 32 plus years that work has almost rolled in an orderly fashion! A bit like just in time principle in supplying automotive parts for the auto manufacturers.
Weird.
RADU
Sam you made an interesting comment in your discourse
RADU, I know exactly what you mean, have had many discussions about it.
You are right, weird.
Sam you made an interesting comment in your discourse
It has been a blessing. It is an 80 million dollar project that should provide some work for the next 2 years. They are ambitions on the economy. A large hotel complex, a marina, and townhomes. All very elaborate on the river. We would still squeak by without it.
I am doing some stormwater work in trade with a company for a pile of hardwood lumber. Guess I am going in the furniture business. My first project is a solid mahogany bookcase for my wifes grandmother. I have done woodworking projects in the past.
Sambo!
Good to see you! You should check in more often. You're definitely a voice of reason in heated debates.
Just in time for Christmas
Happy to hear from you. It has been too long.
So happy to hear from you, Sam. Kris is right, you've always been a pillar of reasonableness (is that a word?) Your wisdom has been missed.
Don
Sam you made an interesting comment in your discourse
Glad you are back.
Good to hear from Sam.
Steve has mentioned about us coming up for lunch some weekend afternoon but it has never happened. Actually, I haven't heard from nor seen Steve in a long time. I should give him a call over the weekend I guess.
E.
Glad to hear from you Sam. Don't be a stranger.
Hi Sam,
Sounds like an interesting case. Your testimony about uses and the location of them is valuable (hope you're charging good for it).
What you have are essentially offers of dedications that have never been accepted. Courts are starting to view these as a violation of the rule against perpetuities at some (nebulous) point. The idea is that the parcels in the subdivision that need the easement usually will have it but the public will not. But ownership does go to adjoiners. And depending on when the offer expired (per the court) there could be adverse possession.
The interesting question is whether these private easements survive an adverse possession. I think that they do (or should) unless one can show non-use coupled with evidence of an intent to abandon.
So your testimony pretty much makes the whole case. What are the uses indicating adverse possession and what are the uses indicating intent to abandon the easement and where are they located?
You should be charging way more than the attorneys as yours is the most valuable information.
Good to read you again.
Duane
