Date: Mon, 27 Mar 2000 16:57:31 -0700 From: Brett Glass <brett@lariat.org> To: Terry Lambert <tlambert@primenet.com>, Doug@gorean.org (Doug Barton) Cc: tlambert@primenet.com (Terry Lambert), freebsd-chat@FreeBSD.ORG Subject: Re: On "intelligent people" and "dangers to BSD" Message-ID: <4.2.2.20000327165637.0465b450@localhost> In-Reply-To: <200003272340.QAA04561@usr06.primenet.com> References: <Pine.BSF.4.21.0003241659540.6624-100000@dt051n0b.san.rr.com>
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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.
>
>
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