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Iso
by AustinC. 05/21/24 05:01 PM
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Question for the lawyers....
#923714
04/04/14 10:49 AM
04/04/14 10:49 AM
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Joined: Dec 2013
Posts: 176 Cherokee County
Cherokee
OP
3 point
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OP
3 point
Joined: Dec 2013
Posts: 176
Cherokee County
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This is for a friend, he lives on a one lane county road in Calhoun county. He has pasture property along the roadside, his neighbor has pasture property along the roadside on opposite side. His neighbor is trying to get the road widened, so he can put in chicken houses(at the end of the road). Will they take the property from his neighbor since he is the one wanting the road widened or will they take a little from both sides and make my buddy move his fence back? What is the laws on this, what are his rights and on a one lane county road what is the county's easement from the center of the road onto your property( how many feet)?
It is what it is....
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Re: Question for the lawyers....
[Re: Cherokee]
#923723
04/04/14 11:01 AM
04/04/14 11:01 AM
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Joined: Oct 2003
Posts: 25,687 South Alabama
Rebelman
Freak of Nature
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Freak of Nature
Joined: Oct 2003
Posts: 25,687
South Alabama
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The county can only 'take' land for public use. The burden of proof is on the one wanting it widened for a chicken house that it is public use. I do not see how it is and doubtful anything will transpire.
Now, if the county easement is wider than the existing road I can see where they might reclaim and build the road to encompass their easement. You can find the width in your courthouse or a call to your county road engineer may prove helpful.
Disclaimer: I'm no attorney but work with easements nearly everyday.
Last edited by Rebelman; 04/04/14 11:04 AM.
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Re: Question for the lawyers....
[Re: Cherokee]
#923757
04/04/14 11:29 AM
04/04/14 11:29 AM
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Joined: Aug 2001
Posts: 64,831 Luverne, AL
Skinny
GUVNER
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GUVNER
Joined: Aug 2001
Posts: 64,831
Luverne, AL
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The cost and land should only be on the private developer. If the developer works a deal with the county, then as rebelman stated the county will have to either A) work within the existing ROW (right of way) or B) buy the required land from all affected parties. If the answer is B then the affected parties can contest the purchase in court. You can find the specs on the current ROW distance from the center line at your county courthouse. Most single lane county roads are 25' from the center.
Never Trust Government
"You can be broke but you cant be poor." Ruthie-May Webster
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Re: Question for the lawyers....
[Re: Cherokee]
#923763
04/04/14 11:34 AM
04/04/14 11:34 AM
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Joined: Feb 2002
Posts: 44,211 North Alabama
Wiley Coyote
Freak of Nature
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Freak of Nature
Joined: Feb 2002
Posts: 44,211
North Alabama
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Any widening would be done from a corner of the existing, deeded easement. The wording of the deed/deeds would tell the tale.
I firmly believe that a double gallows should be constructed on the East Lawn of The White House. Politicians who willfully and shamelessly violate their oath to uphold and defend the Constitution of the United States of America should be swiftly tried and, upon conviction, publicly hanged at sunup the day after conviction. If multiple convicts are to be hanged they can choose with whom to share the gallows or names shall be drawn from the hangman's hat to be hanged 2 at a time.
NRA Life Member
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Re: Question for the lawyers....
[Re: Cherokee]
#923875
04/04/14 02:33 PM
04/04/14 02:33 PM
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Joined: Nov 2009
Posts: 10,979 wedowee
daniel white
Booner
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Booner
Joined: Nov 2009
Posts: 10,979
wedowee
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Plus, If the chicken houses are within 500 feet of his land line, He will have to sign a land waver before the guy can build them. Or it used to be that way. SOme one from NRCS can tell more about it..
"You do and it will be the biggest mistake you ever made, you Texas brush popper" John Wayne
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Re: Question for the lawyers....
[Re: Skinny]
#924034
04/04/14 05:14 PM
04/04/14 05:14 PM
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Joined: Aug 2002
Posts: 5,792 Lower AL
k bush
12 point
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12 point
Joined: Aug 2002
Posts: 5,792
Lower AL
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A lot of county roads are ditch to ditch without deeded ROW easements. Especially the unimproved roads.
"Cull" is just another four letter word...
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Re: Question for the lawyers....
[Re: Cherokee]
#924091
04/04/14 06:25 PM
04/04/14 06:25 PM
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Joined: Sep 2013
Posts: 1,636 Florida Panhandle
JTapia
8 point
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8 point
Joined: Sep 2013
Posts: 1,636
Florida Panhandle
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I know that you can get a ticket if you drive on a road that does not have ditches while on a Wildlife Management Area.
Hunt'em hard when they are hard to hunt but never, ever hardly hunt!
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Re: Question for the lawyers....
[Re: JTapia]
#924102
04/04/14 07:09 PM
04/04/14 07:09 PM
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Joined: Sep 2008
Posts: 4,291 CAHABA WMA
PEA_RIDGE
10 point
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10 point
Joined: Sep 2008
Posts: 4,291
CAHABA WMA
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I know that you can get a ticket if you drive on a road that does not have ditches while on a Wildlife Management Area. PLEASE ELABORATE
Fletch Triple Toe Assassins, Where Pellets Meet Peckers
"A turkey's brain development exceeds that of nearly all vice-presidents." - TOM KELLY
The bird possesses a remarkable ability to turn arrogance into hopelessness. - TOM KELLY
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Re: Question for the lawyers....
[Re: PEA_RIDGE]
#924118
04/04/14 09:52 PM
04/04/14 09:52 PM
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Joined: Sep 2013
Posts: 1,636 Florida Panhandle
JTapia
8 point
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8 point
Joined: Sep 2013
Posts: 1,636
Florida Panhandle
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GW landed helicopter in road in front of my truck as I was exiting a dim road and coming onto the main road. I stopped and he got out and asked if I just crossed the creek back down that road.
Dim road was a road built to repair Levies some 10 years before that day. It was also used to cross creek when bridge on main road would wash out. Bridge was intact that day but road on one side was washed out so I used dim road.
I answered "yes I did and you know I did because you were hovering over me when I did". He then said "I am going to have to ticket you for "driving off of established road". Long story short, I protested whether road was "established" being it had been there over 10 years. He said it didn't matter it is not an established road. I asked if it is not established then what would make it "not established". He said if it isn't Graded regularly and doesn't have ditches on atleast one side then it not an established road. I signed the ticked and said I'd see him in court.
Judge asked if I was driving on said road and answered "yes". He said that's all I need to hear, Guilty pay fine, court cost and wildlife fund donation. $380.00 total for driving on a road that was not an established road.
Of course there was alot more arguing with GW and a little bit with judge but it is too much to type it all.
Hunt'em hard when they are hard to hunt but never, ever hardly hunt!
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Re: Question for the lawyers....
[Re: Cherokee]
#924119
04/04/14 10:25 PM
04/04/14 10:25 PM
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Joined: Sep 2008
Posts: 4,291 CAHABA WMA
PEA_RIDGE
10 point
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10 point
Joined: Sep 2008
Posts: 4,291
CAHABA WMA
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GOT YA.. WE GOT ORANGE SIGNS THAT SAY "STOP NO MOTORIZED VEHICLES" WHERE THERE IS NOT AN "ESTABLISHED" ROAD SUCH AS A BIG FIRE BREAK OR LOGGING ROAD
Fletch Triple Toe Assassins, Where Pellets Meet Peckers
"A turkey's brain development exceeds that of nearly all vice-presidents." - TOM KELLY
The bird possesses a remarkable ability to turn arrogance into hopelessness. - TOM KELLY
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