According the the Right of Way laws in AZ (which isn't where this is located, but where I'm familiar with), if those developers have been using this road this whole time to build this park (it takes a HECK of a time to build something like that). Then they've already established a cause for Eminent Domain, and I doubt the town is going to let six idiot families bilk them out of that massive tax revenue of a water park.

Ah yes, the Nazi organization known as the HOA

lol.

Give all those people a free coupon for the slippity-slide.

Then when they're having fun...

FLOOD THEIR PROPERTIES.

/evil nongenius

ummm... no... I somehow think they're going to hold out for money. After the "dust" it will be traffic, and then noise, and then property values...

/follow de money...

Looks like a bunch of pissed-off, bored hicks.

SecretAgentWoman: So...I know this is crazy, but bear with me hear...what if the water park (or city) you know...BOUGHT the road and...it gets crazier...PAVED it or something? Wouldn't that make everyone happy? Are you with me?

That makes entirely too much sense. As would building a new road.

i live in Charlotte, and i really see no need whatsoever for a *whitewater* park in the middle of the damn city. 'course, we didn't want an arena for the Bobcats either, but they built that pretty damn quick too.

/hates pro basketball
//go panthers

I'll bet the selling price of that piece of property would have been a bit lower if they'd bought it before building the park.

heh, the city has right of way. which means ANY city traffic can use the road, including developers....

On a side note this park loosk pretty damned cool, if it is the one I saw a news story on this past weekend.

Genius! Those old folks deserve an award of some kind, like an emmy, everyone gets those things.

"An assistant city attorney said both sides should try to work out an agreement."

/Classic not my job.

The headline is as long as the article.

hillbillies wit nuttin els ta dew

Read article, watched video. Does anyone know if this is going to be the only entrance to park-goers as well? Not just construction traffic? I couldn't tell. They do that here; separate construction entrances so they don't (funny enough) tear up the public entrance.
/McSlashalot

st_gulik

According the the Right of Way laws in AZ (which isn't where this is located, but where I'm familiar with), if those developers have been using this road this whole time to build this park (it takes a HECK of a time to build something like that). Then they've already established a cause for Eminent Domain, and I doubt the town is going to let six idiot families bilk them out of that massive tax revenue of a water park.

I believe there is a time frame associated with it, something like seven years of use (at least in Arizona, in other states YMMV). You can't just drive over someone's land and say "I have access". I have been involved with land in Arizona that fell under this for someone's drive way. They got access since it had never been contested over time.

watch the video. Now the city says there is NO right of way.

developers are gonna have to pay up.

They are going about it all wrong. They shouldn't put up a barricade. They should put up a toll booth.

$ + misery = Smireys

\smiles
\\lame

2006-05-31 05:26:33 PM AliEn1143

Then, as a resident of Mecklenburg County, you know that this park is majorly funded by our tax dollars.

What these munches did was wait for a full year and then, right before the park opens, decided it was an "annoyance".

The cost of delays and the money that these morans are holding out for comes from us, the tax payers, and THEM since they pay them too. It's ridiculous.

Dear Libertarians,

See, this is exactly what happens when you decide that everything should be privately owned (even roads!). Asshats will always cause a problem. That's because people are retards (yourselves included). People will charge $500/mile for a certain popular stretch that can't be rerouted. Or maybe someone else will have a "No attractive and successful African-Americans" policy, or what have you.

Anyway, the point is, you're retarded, and this proves it.

watch 'em pull some eminent domain crap.

An assistant city attorney said both sides should try to work out an agreement.

Brilliant! Hey, Mr. Attorney, how about helping out with the Israeli/Palestinian conflict next? "Both sides should try to work out an agreement"? Gosh, why didn't anyone ever think of that before?

untillater: heh, the city has right of way. which means ANY city traffic can use the road, including developers....

Not according to the last bit of the video in the article.

Oh, I don't know, a half a dollar per car each for the six households involved might just do it. Forever.

/I'll count on Tuesdays

Homeowners are stupid, they could have gotten decent money for it... now they are just going to have the city get eminent domain on their ass.

Plan a NASCAR event for that road.

>> Dear Libertarians,

I'm not a Libertarian, but the developers here clearly did not do their homework, and now they're going to have to pay the piper(s). What if the original homeowners actually BUILT that road? Did you consider that possibility?

Let's take the flip side of the argument. Should I not build roads on my private property for fear that someone will build a nuclear waste storage facility on an adjacent lot that requires my road for access?

Strong property rights are a cornerstone of this nation. Don't forget that, Libertarian or not.

agree with firefly212

had they played ball and gotten a lawyer they woulda made out very well

all is lost when the city steps in

/sell guns at walmart, they don't care about you

Prosser: Mr. Dent?
Arthur: Hello, yes?
Prosser: Have you any idea how much damage this bulldozer would suffer if I were to let it roll straight over you?
Arthur: How much?
Prosser: None at all.

/The solution to all of life's problems can be found in the Guide.

Offer the yukels a free pass and they'll open the road!

You don't start work until you have secured access.

The key word being "secured". As in a deeded easement recorded at the city or county.

2006-05-31 05:38:42 PM Sagarian

>> Dear Libertarians,

I'm not a Libertarian, but the developers here clearly did not do their homework, and now they're going to have to pay the piper(s). What if the original homeowners actually BUILT that road? Did you consider that possibility?

Let's take the flip side of the argument. Should I not build roads on my private property for fear that someone will build a nuclear waste storage facility on an adjacent lot that requires my road for access?

Strong property rights are a cornerstone of this nation. Don't forget that, Libertarian or not.

The road owners waited over a year to suddenly surprise the company with the barricade, a move that will probably cost the company millions of dollars.

They are asshats regardless of whether they are within their rights to do that or not.

wraithmare: I believe there is a time frame associated with it, something like seven years of use (at least in Arizona, in other states YMMV). You can't just drive over someone's land and say "I have access". I have been involved with land in Arizona that fell under this for someone's drive way. They got access since it had never been contested over time.


Oh, I know, I used to be in Real Estate Appraising, I understand, but what I was trynig to say was, that I don't think it takes 7 years of uncontested access to have some sort of Eminent Domain rights.

Yes, they should have access to the road, but the city should take ownership of it, and charge the whitewater park to pave it.

Charlotte rednecks are the worst kind.

I live in the middle of NOWHERE...in Washington State. We have a 1.5 mile gravel road that we, the homeowners, pay as a road association to maintain, not the city. There is a law in place here that allows the legal easments - which by the way, are written into the purchasing land contract, and are predefined areas, that states what these easments are used for. We are beginning the battle with someone who has parceled his huge land to (48) 5 acre parcels. The easment allows him the right to build, and the right to have FOOT access, but not to drive. He is trying to state the same thing "If my trucks are on it, what is the difference". The problem is that the new developers aren't required to pay upkeep on our roads, and 48 new homes, will wreck them, no doubt.

as far as making them pave it, our here, private easments, such as what they have, that allow you access if you are in the association, or for building use, have speed limits that you, as a community can set (ours is 10 mph). If we let someone pave it, the speed goes up to 35 pmh. We don't want it, nor do we want the county or city, to come in and start declaring that we have to pay extra taxes to maintain this road or crap like that

//hates city folk who move to the country then try to citify it
///wants to play catch and release of all wildlife - right into their houses!!!

>> all is lost when the city steps in

probably not true. at a minimum the residents have at their disposal dragging out the eminent domain process and/or an appeal and/or injunction. If the developers have financed that $32MM construction project at say 8%, that's $50K a week in interest they get to pay while waiting for a resolution.

The homeowners have a strong hand they just had better not overplay it.

Sagarian: Let's take the flip side of the argument. Should I not build roads on my private property for fear that someone will build a nuclear waste storage facility on an adjacent lot that requires my road for access?


Only if you LET them use that road to build the nuclear storage waste facility. If you keep your road blocked off, or stop them a good number of times from using it, or complain when they do, then they don't have a right to it, and you keep your road.

If I were the waterpark, I would screw with their water pressure every morning.

TheGreatGazoo: Actually, all they need is to get an easement. If there is only one way to the property it should be a legal no-brainer.


EASEMENT! THAT'S What' I've been trying to get out of my head!! Gah! Exactly!!!

don't these morans have jobs?

Holy_Ell: The cost of delays and the money that these morans are holding out for comes from us, the tax payers, and THEM since they pay them too. It's ridiculous.



Sounds to me like the developer is a moron for not verifying a right-of-way prior to construction.

The residents are exercising their rights -- why do you have a problem with that?

cretinbob: if the city/town/village does ANYTHING to maintain that road at all, these morons lose. These people would have had to build the road themselves. and judging by the gate, the stop sign and the other sign, they didn't.

Eh? Why would the local gov't have put up the gate and stop sign? You don't have to be a gov't agency to buy stop signs...

The homeowners own the property. The developer "checked" a memo that said the city "thinks" they have right-of-way. A smart developer would have gotten that in writing.

Now that the barricade has gone up, the city checked and realized that the attorney was WRONG. The right-of-way doesn't apply to a private developer and hordes of people going to a water park.

The video says the homeowners HAVE been complaining and were getting ignored.

Eminent Domain will take some time to get filed and underway. Way too long for them to open this summer.

Homeowners FOR THE WIN!

Someone working for the developers should slip and fall on the private road. Right in front of 20 eye witnesses and a big herd of lawyers.

Since they have been using the road for the past year, the property owners should be liable for any accidents if the road is in disrepair.