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Thread: Call in the lawyers

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  1. #1
    Yoda TOC's Avatar
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    Call in the lawyers

    Been dealing with local council for several weeks on some oddball development issues.
    One councilman has been helpful to the point of showing up here last Saturday to discuss some of the issues.

    This morning he put out a blurb on a FB page my wife is a member of.

    Apparently they are concerned about loss of canopy (strict rules on homeowners removing trees) when the problem is developers who are allowed to clean off acres of all trees.

    NOW the discussion is to make all trees community assets or property. You no longer own your trees.

    Excerpt:
    ....position is that your trees do not belong to you, the property owner, but are owned by the community in common, with the ultimate control over which trees must be kept and which may be removed being made by the city council through regulations administered by city staff including certified arborists. Those individuals would, on behalf of the community, decide on the disposition of your trees based on the number, size, species, location, grouping, and health of the trees, as defined in complex rules that go on for over 10,000 words. You would be able to ask the city for permission to remove trees on your property, but the city would be the decider. Except for damaged trees that are an immediate safety hazard, if you remove any tree without advance permission from its true owner -- the city -- you would be subject to fines of thousands of dollars for each tree removed. The city could also require that if you remove certain trees that you must plant many other trees in their place, or require that you pay the cost of planting those replacement trees somewhere else.


    Makes me very happy I have reached and now exceeded the scriptural requirements of three score and ten.

    (for those complainers, no political parties mentioned, no firearms mentioned, no innuendo, and other than my 3 score and 10 comment, NO comment. But I am convinced there will be complainers)

  2. #2
    Great Pumpkin TR3driver's Avatar
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    Re: Call in the lawyers

    Seems to me you should go back and insist on being recompensed for the value of the trees. They were your trees, now they aren't.
    "... nor shall private property be taken for public use, without just compensation."

    A good, mature tree can sell for $1000 or more. I suspect the prospect of paying $1000/tree would change their minds. If not, take the money and run.

    Also, while I am NOT complaining, there is this thing about "controversial topics" ...
    Randall
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  3. #3
    Yoda TOC's Avatar
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    Re: Call in the lawyers

    Mayhaps. But it's MY controversy. The dollar amount is in question. Probably more along the lines of what the fines would be. I know a guy, oh, 8 blocks from me, on a corner, HUGE trees, one day these 130' trees were 20' high. City fined him 10K. Took almost 9 months of screaming until the final hearing examiner (after he was levied the fines) asked "why are we here?".

    Seems the power company got tired of these trees shorting out the main overhead lines in wind, so took them out.

    Around here utilities have taken 15' of your property for easement along the street.....so the examiner voided the entire process.

    He wants to know who fixes his blood pressure?

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    Luke Skywalker LarryK's Avatar
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    Re: Call in the lawyers

    I guess if the become dangerous one could tell the community to do something or else be sued for damages. Your insurance would pay with a penalty to you, but if you keep pictures of the deteriorating tree the insurance company could sue the community for three times the damage.
    Larry K
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    Jedi Warrior
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    Re: Call in the lawyers

    The value of trees. I wonder how much my black walnut trees are worth. About 45 years old. Or my apple, peach, pears, grapes, etc...? Do I get to keep the nuts and fruit? Fun conversation.
    Dale

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    Yoda TOC's Avatar
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    Re: Call in the lawyers

    I've got a big-leaf Maple.....3 feet across....probably 100 years on it.

    Oh.....this city has their shields up. Everything on he west side of the main road is a "landslide zone"....has been forever, new satellite imagine specifies....but if a developer wants to build, the City Attorney has the little "hold harmless" agreement they must sign.

    When they did that, I mentioned I didn't sign it..and if a hillside comes down on me.......

  7. #7
    Luke Skywalker vette's Avatar
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    Re: Call in the lawyers

    Are there a lot of trees per acre in Antarctica? Whomever wants your trees, I like the idea of them paying for them.
    About TV Shows-
    "...you really can't restore a car in 10 days. I don't want to watch a race where people have to restore it in a week. It's not going to drive, and those cars never work. In real life, it takes years to get it right. " Jay Leno.

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    Obi Wan
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    Re: Call in the lawyers

    In many areas, you need a permit to cut down a tree over a certain size.

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    Yoda waltesefalcon's Avatar
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    Re: Call in the lawyers

    Sounds like it is time to vote for new city leadership. From what I gather they have been giving developers plenty of permits and are now complaining that these same developers are cutting down all the trees and have decided that the best way to fix the problem is to punish everyone.
    Cheers,
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    Yoda TOC's Avatar
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    Re: Call in the lawyers

    Nobody votes them out because the gullible voters believe the promises.
    Next up:

    Talked to a friend at St. Arbucks this morning. Retired attorney, lives on the lake.

    NOW the city wants all boat houses removed, even if they've been in place for 50 years.

    He's in the middle of that one.

  11. #11
    Darth Vader
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    Re: Call in the lawyers

    Just had my community trees delivered.

    Doing my part to make good use of cut down trees. They were destined for the land fill now they are headed to my fire wood pile. I may mill a few of the larger ones.

    David
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  12. #12
    Luke Skywalker
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    Re: Call in the lawyers

    Drill a small hole (in a location which is not particularly visible), fill with roundup (there are better herbicides available). The city will be after you to remove the dead tree.
    Don't ask how I know but the nasty pine tree which left a mess in my garden and a huge plam tree - the only thing we could see was the trunk and whatever fell down are both gone.

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