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Imminent Domain
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Doug Sherry Doornink    Posted 07-02-2004 at 19:17:58       [Reply]  [Send Email]
our neighbor wants to hard fence around a pond that is partially ours. he claims it's just a matter of keeping animals out of the swimming hole. I'm wondering if we allowed this to happen where would we stand on losing the land to him under 'imminent domain' laws? we live in linn county oregon. thanks for any advice.


rhudson couple of ?    Posted 07-03-2004 at 15:59:02       [Reply]  [Send Email]
Are the animals his or yours? if his, why doesn't he run his fence on his side of the pond? anyway, it would fall under adverse possision as others have pointed out. don't allow him to do anything without a good lawyer and recorded paperwork and i would say at his expense since its his idea. why is it that someone is always trying to do something with others land? i don't have any problem staying on my land and off others.

Alias    Posted 07-03-2004 at 04:43:09       [Reply]  [No Email]
My advise is to enter into an written, signed agreement with your neighbor which provides for you to pay him $1 for constructing fence on your property. Make it a part of the agreement that he is to place a gate on your side of the pond. Said gate to be large enough, (8 or 10) to allow for entrance through your whole tract for the purpose of mowing and otherwise maintaining your portion of the pond perimeter.

The document should only be signed in front of a notory public with additional witnesses in attendance. Have several copies signed and notorized and place at least one of them in a secure place such as a bank security box.

Another thing that would help your cause would be to set twin fence post at the point where the proposed fence intersects the property line. These twin post should be larger, and/or higher, than the others and should set two inches on either side of the property line. Thereby leaving an opening of about 4 inches clear between post. Additionally, whatever type of fence is used, it should stop at the first post and start again on the second. In this manner you will break-up the continuity. And, never, N E V A R, knowingly allow a neighbor to attach a fence to your post.

Feel free to print this out and run it by your neighbor. If he goes for it, fine. If not, kindly inform him to stay off your property with fence building equipment.........gfp

Ron/PA    Posted 07-03-2004 at 03:42:21       [Reply]  [No Email]
Doug, If you happen to see Screaminghollow on here give him a yell and ask him. If it were me, I wouldn't be too concerned about simply fencing around a pond. That doesn't transfer it to either side of the boundry, it also protects both property owners on some safety issues. As always my best advice is to spend a few dollars on a brief lawyers consultation. I usually find that you will get the answers you need, which apply to your area, and he won't argue politics with you untill after you've paid your bill.(GRIN)

Mudcat49    Posted 07-02-2004 at 20:07:57       [Reply]  [No Email]
Imminent Domain is where the government can buy your land at fair market value with or without your concent for the good of all the people. IE: to put in a power line or a road.

ron,ar    Posted 07-02-2004 at 20:10:39       [Reply]  [No Email]
or even to build a school. I think that is abuse of the concept myself.

Burrhead    Posted 07-02-2004 at 23:26:44       [Reply]  [No Email]
fair price alright....for the government that is, not really too good for the seller.

they can imminent steal it to flood for wetlands or yuppie fishing holes too :^(

RN    Posted 07-02-2004 at 23:44:49       [Reply]  [No Email]
Burrhead: Also known to be used by politicans to take land for a favored commercial developement- refer to Donald trump for casino parking/driveway, Wisconsin- Fox river valley development. 'Takings' clause in Constitution not favored by socialist/democrats/greens- couple cases in court saying they must pay for legal restrictions on lands/involuntary transfers. You up with the bats also? RN

Burrhead    Posted 07-02-2004 at 23:51:23       [Reply]  [No Email]
yeah I just had some company to leave. Neighbor lady is sick and sent her hubby over for some home remedies. Montezuma's revenge right here in Texas.

Hope you're okay and not up cause of problems It is kinda late even for me. I'm fixing to nose dive in a pillow myself.

RN    Posted 07-03-2004 at 00:01:12       [Reply]  [No Email]
Burrhead: normal time up. Problem? Had a power blip here on shop floor, 3 workstations with printers down, rest of workstations up. maintenance checking 30 year old wireing. support people won't be available until Tuesday. basic shutdown for holiday this weekend. Should get month end work done without interference. pun for you -Die Fledermaus=flying mouse, would it have Ratwings? RN.

Burrhead    Posted 07-03-2004 at 00:14:20       [Reply]  [No Email]
Who shorted out the machines??? You sure yer not a liberal union leftwinger??

Ratwings can't fly they only have 2 moving parts and wings aint one of them.

I'm going to bed now and have sweet dreams of November.

Did you hear the news about the election tonight? Supposedly today a bipartisan group has asked the UN to monitor the Prez elections this time. Oh well anybody beats the Scalia5 selection committee we had last time.

RN    Posted 07-03-2004 at 00:17:22       [Reply]  [No Email]
Guten Nacht. RN

Dave Munson Mid Illinois    Posted 07-02-2004 at 19:39:11       [Reply]  [No Email]
When I lived in Muskogee, I had a neighbor that decided he would build and butt up his fence to mine. I owned a few feet beyond my fence.

I told him that I was not going to give my land away free. He never offered to buy any of the land and seemed to be upset that I objected to him taking it.

Anyway, for you: I suppose he wants to fence it away from you to 'his' side. Why not fence it away from him, to your side? Or just encircle it to no-one's side.

Who's animals are roaming in your / his pond? Do you or does he need to pin your/his livestock? There is usually two sides to every story. Also, is the root problem the livestock / animals or a land grab?

RN    Posted 07-02-2004 at 19:34:21       [Reply]  [No Email]
Not 'imminent domain'? Adverse or hostile possesion laws. Mark boundaries, check surveys, get fencing plan in WRITING. Check county clerks office for old records, ask what is current staus of land and tax desciption/title description. If you're really worried -check lawyer, laws vary so much by state, federal wetlands laws may also apply. RN.

Clod    Posted 07-02-2004 at 19:25:08       [Reply]  [No Email]
Others will be here.I just wondered what that word meant. I think I get an idea now..Why do they use Greek?

EMINENT DOMAIN!    Posted 07-02-2004 at 20:09:15       [Reply]  [No Email]
Maybe it's because it is correctly spelled EMINENT DOMAIN. Sheesh!

Burrhead    Posted 07-02-2004 at 23:53:44       [Reply]  [No Email]
don't get nervous with us. the grammer poleece don't have no juristikshun arouncheer.

RN    Posted 07-02-2004 at 19:39:07       [Reply]  [No Email]
Clod: not Greek, old Latin sneaks in. Legal words have a precise, defined meaning so no confusion - unlike changing 'common usage' or political speech. This is also job security for law clerks, lawyers, judges;) . RN

New-Gen    Posted 07-03-2004 at 08:09:37       [Reply]  [No Email]
It's all Greek to me

clod    Posted 07-02-2004 at 19:46:59       [Reply]  [No Email]
thanks rn,,i got imminet domains on a pork chop right now,

RN    Posted 07-02-2004 at 21:40:14       [Reply]  [No Email]
Pork chop? A garlic clove per pork chop+ same size piece of ginger- mash/chop, mix about 1/4 cup lime juice or pineapple juice, marinate 15-30 minutes. Bake at 375 about 30-45 minutes. Include spice and juice in baking dish to wet bottom. Put in split in half potato or sweet potato on bottom, pineapple or apple slice on top, sprinkle a bit of black pepper to taste. Quick main dish meal. RN

Clod    Posted 07-03-2004 at 10:33:32       [Reply]  [No Email]
I wish ida knew that,I just tossed it on a fire and watched till it was black.

RN    Posted 07-03-2004 at 17:45:59       [Reply]  [No Email]
Clod: Marinate mix lime juice/garlic/ginger/black pepper also good for grilling/barbecue. For quick fry in pan - a couple I had served pork chops and sweet potatoes at party tried powdered ginger, powdered garlic from spice can, pepper and shot of orange juice on chops, browned both sides then turned down heat to medium , added another big splash of orange juice to simmer covered about 5-10 minutes- said it was about half way toward what I'd brought for pot luck and plain cooking. Thier daughter said discreetly that it was better than mother normally made. RN

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