D.O.T. SNATCHES 3.5 ACRE CATTLE POND

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momanto

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GRANNY IS NOT SHOUTING, I ALWAYS TYPE LIKE THIS.

A FEW MONTHS AGO FLORIDA DEPT. OF TRANS. MANAGER OF LOCAL OFFICE W/ ANOTHER EMPLOYEE, CAME UP TO WHERE I WAS SITTING IN A CHAIR TENDING TO MY 1/2 BARREL GARDEN IN THE BACK YARD. WANTED TO KNOW HOW TO GET TO THAT POND DOWN THE ROAD. I TOLD THEM WE OWNED IT AND SO FORTH.. I ASKED THAT THEY DOCUMENT THEIR CLAIM TO IT IN WRITING. THEY NEVER DID. SHOWED UP A FEW WEEKS LATER WITH A FLA. DEPT. OF LAW ENFORCEMENT COP AND SAID THE POND WAS THEIRS AND DEMANDED TO PUT A LOCK ON IT.......SINCE MY NAME IS NOT ONTHE DEED I REFERRED THEM TO WHO WAS AND TOLD THEM IN LEGAL MATTERS THEY COULD NOT FORCE ME TO DO ANYTHING. THEY PUT THE LOCK ON ANYWAY. ..... WE ARE DOWN TO NOW, TO HAVE TO TAKE THEM TO COURT AS THIS LAND HAS BEEN IN OUR FAMILY FOR 60 YEARS AND 40 YEARS AGO THEY DID AN EMINENT DOMAN LAWSUIT AND WON PART OF THE POND.. FOR A BORROW PIT. THEN THEY ABANDONED IT FOR 40 YEARS.

IN CONSULTING AN ATTORNEY, WE WERE TOLD THAT WE COULD WIN A LOCAL LAWSUIT ON THE "ADVERSE POSSESSION LAW", (HAD IT OVER 7 YEARS, IMPROVED, IT STOCKED IT W/FISH & HAVE PAID COUNTY TAXES FOR 60 YEARS), BUT THAT THE STATE WOULD APPEAL IT TO THE UTTERMOST END. WHICH WE CANNOT AFFORD. THE POND WAS VALUED AT $25,000 WHEN MY BRANCH OF FAMILY TOOK IT OVER TWO YEARS AGO. NOW LAND VALUES HAVE JUMPED AND IT IS PROB. WORTH TWICE THAT. IT HAS HOUSES ON TWO SIDES FROM A SMALL SUBDIVISION. WE OWN THE A NARROW STRIP NEXT TO THE OLD RAILROAD BED AND THEN A WHOLE SIDE ON THE SOUTH( + 18 ACRES OF PASTURE). WE USE IT FOR FISHING, KIDS REC, WATER OUR CATTLE. IT IS A LOVELY SPOT OF NATURE (SEE MY AVATAR)

DOES ANYONE HAVE LITIGATION EXPERIECE W/THE STATE ?

DOES ANYONE HAVE ANY ADVICE ON THIS? OTHERWISE THE TITLE INS. PEOPLE LISTED IT AS AN "EASEMENT' WHICH THEY DONT COVER, BUT THE STATE DOES HAVE A "FEE SIMPLE DEED" FROM 1962. MY AND KIDS AND I HAVE A WARRANTY DEED FOR THE SAME PROPERTY. SINCE IT IS NOT AN EASEMENT, SEEMS TITLE INS SHOULD PAY.
 
It would be interesting to know why they are wanting it so
badly now (follow the money maybe?) And are they willing to
refund your property taxes for the 43 yrs and reimburse for the improvments? It's too bad you don't have the resources for a court fight, but I'll bet they already knew that.
 
THE DAY AFTER THEY PUT THE LOCK ON THEY STARTED HAULING IN ROAD -SIDE SCRAPINGS BY THE TRUCK LOAD. THEY NEATLY DISTRIBUTED IT ON THE NARROW STIP ON THE EAST. THEY THEY TURNED THE CORNER SOUTH AND DUMPING THERE. WE RECEIVED A LETTER THAT IN THE NORTH END OF THE POND THEY ARE GOING TO BE DUMPING INTO THE WATER ITSELF. AT OUR SOUTH END THEY PLAN TO PUT A FENCE AND FENCE THE AREA THEY CLAIM IS THEIRS FOR A ROAD. RIGHT NOW THEY ARE USING OUR CULVERT,GATE AND PASTURE TO DRIVE ACROSS TO THE DUMP AREA. HOW GENEROUS, THEY STILL LET OUR COWS DRINK THERE. AS SOON AS POSSIBLE WE REMOVED OUR COWS FROM THERE, DUE THE POSSIBILTY OF CONTAMINATED WATER FROM THE DUMPINGS. BUT WE KNOW WHERE THE MATERIAL IS COMING FROM AND IT IS ONLY COMING FROM THERE, A FEW MILES AWAY AND IN OUR COUNTY.

THE COUNTY WILL REFUND ONLY ABOUT THE LAST THREE YEARS OF TAXES.


SEEMS LIKE THE ATTORNEY OUGHT TO AT LEAST WRITE THEM A LETTER AND THREATHEN THE LAWSUIT, ESPECIALLY WITH THE POND LITERALLY IN THE BACK YARD OF SEVERAL HOUSES.


THE D.O.T. WERE DESPERATE FOR A PLACE TO DUMP. THEY FOUND THIS SITE IN THEIR RECORDS. OUR LOCAL STATE LEGISLATOR DEMANDED AN EXPLANATION AND D.O.T. FINALLY DID SEND A LETTER.
 
I at the very least would try to get a lawyer to get an injunction to stop them from dumping there until it was decided who owns what. As we all know any lawyer can stall things for months or years.
 
florida is like a different country,so it is hard to say & lawyers are real expensive down there. seems as though you have a case, but it will probably cost you
 
If they are dumping trash into your pond - call the EPA and see if they will get involved.
 
any cattlemen's organization you could get behind you . why don't you fence it so they can't get in if you have the deed. then file suit against them for dumping on your land. they will then have to disprove your claim in court.
 
Get the TV news involved and the papers. They hate to be singled out by the press. Make them explain WHY they want this particular piece of land after so many years.

Dick
 
icandoit":2dva9lzp said:
Get the TV news involved and the papers. They hate to be singled out by the press. Make them explain WHY they want this particular piece of land after so many years.

Dick
Good Idea, get the public involved.
 

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