From owner-freebsd-chat Mon Mar 27 15:58:12 2000 Delivered-To: freebsd-chat@freebsd.org Received: from lariat.lariat.org (lariat.lariat.org [206.100.185.2]) by hub.freebsd.org (Postfix) with ESMTP id D401137B841 for ; Mon, 27 Mar 2000 15:58:06 -0800 (PST) (envelope-from brett@lariat.org) Received: from mustang (IDENT:ppp0.lariat.org@lariat.lariat.org [206.100.185.2]) by lariat.lariat.org (8.9.3/8.9.3) with ESMTP id QAA06460; Mon, 27 Mar 2000 16:57:48 -0700 (MST) Message-Id: <4.2.2.20000327165637.0465b450@localhost> X-Sender: brett@localhost X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.2 Date: Mon, 27 Mar 2000 16:57:31 -0700 To: Terry Lambert , Doug@gorean.org (Doug Barton) From: Brett Glass Subject: Re: On "intelligent people" and "dangers to BSD" Cc: tlambert@primenet.com (Terry Lambert), freebsd-chat@FreeBSD.ORG In-Reply-To: <200003272340.QAA04561@usr06.primenet.com> References: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Sender: owner-freebsd-chat@FreeBSD.ORG Precedence: bulk X-Loop: FreeBSD.org The city didn't have to go through that. English Common Law provides that adverse possession is not effective against government entities. They must just have had bad lawyers. --Brett At 04:40 PM 3/27/2000 , Terry Lambert wrote: > > > This is the same principle that allows your neighbor, who has > > > parked in front of your house for 2 years, to continue parking > > > there, even if you have bought a second car, and have no place > > > to park it because your driveway has your first car in it. He > > > has established a right to that spot, even though it is in front > > > of your house, by virtue of you not stopping him. > > > > Assuming that you are talking about a public highway ("the > > street") and not your private property, then neither one of you has a > > "legal right" to it, never mind whose house it's in front of. It's > > strictly by convention that most people consider the space in front of > > their home "theirs," and most neighbors respect that. > > >There was an interesting case in Ogden, Utah, where the city had >decided to make parking on a particular street illegal. They >were doing this because they had newer, wider snow removal >equipment, and so they would have to plow that street with the >older equipment, unless they prohibited parking. They had the >equipment, but that meant that they couldn't schedule removal >resources as if they were all equivalent. It was a convenience >issue for them. > >A man who had been parking in front of his house for 10 years >ignored the posted notice, and was ticketed. > >He refused to pay the ticket, and sued the city, on the premise >that he had established a "right" to park in front of his house, >and had established an interest, via prescriptive lien, and >additionally that the ordinance making it illegal was ex post >facto from him having established said lien. > >He won. The city appealed. He won at the apellate level (the >level at which a court can establish binding case law for any >similar situation which arises in the future). > >The city was furious, of course, as cities are used to getting >their way... > >One month later, the guy came out and found a ticket on his >car, once again. Fuming, he went into the city court clerk, >to give them a piece of his mind, and get the ticket voided. > >The clerk listened politely, and when he was done venting, the >clerk said, "Ah, Mr. Johnson... we've been expecting you", and >handed him a five page document. > >The city had "siezed" the street under eminent domain, after >posting the required notice in the local newspaper (The Ogden >Standard Examiner) thirty days previous to the seizure. > >He paid the ticket, and he no longer parks there. Cities have >a habit of getting their way, one way or another. 8-). > > > Terry Lambert > terry@lambert.org >--- >Any opinions in this posting are my own and not those of my present >or previous employers. > > >To Unsubscribe: send mail to majordomo@FreeBSD.org >with "unsubscribe freebsd-chat" in the body of the message To Unsubscribe: send mail to majordomo@FreeBSD.org with "unsubscribe freebsd-chat" in the body of the message