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Old 06-19-2014, 01:04 PM
 
Location: The Woods
16,960 posts, read 22,277,190 times
Reputation: 9070

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SCOV Law: Having a Blast!

Big win for big money, everyone else loses.
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Old 06-19-2014, 01:07 PM
 
35,324 posts, read 25,198,500 times
Reputation: 32414
What is groundbreaking about this? I own property and I always really knew I didn't actually own the property, I own a set of rights granted with the property. Generally here they're sold together, some places they're split out (water rights, mineral rights, etc). Those rights that I (we) own are not unlimited.
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Old 06-19-2014, 01:19 PM
 
Location: The Woods
16,960 posts, read 22,277,190 times
Reputation: 9070
Possession has always been one of the rights bundled with ownership, that the owner has unless it is rented/leased out to a tenant. Now if someone with a lot of money comes in nearby, you or invited guests on your "property" can be criminally charged as trespassers even though no change in ownership has taken place.
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Old 06-19-2014, 01:28 PM
 
Location: Somewhere in northern Alabama
17,889 posts, read 54,207,525 times
Reputation: 30394
<shrug> From a quick perusal - The blast zone is a temporary easement. I have power lines on an easement going through my property. I cannot kick off the linesmen or arborists who cut the brush under them. (And Alabama is a lot stricter on property rights than Vermont.) I also remember when I-89 was blasted in back of our house.

The problem with the case is that the semantics and legal redress are mixed up. During blasting, protestors could have been told to move back a safe distance for their own safety, handed a statement warning that if they remained in the blast zone during the blast that the power company would NOT be responsible for injuries, and that it could sue the protestors for damages including the cost of their forcible removal. If they refused to sign and resisted, they could then be forcibly removed and possibly arrested for endangering public safety. Once the blast was complete, they could return.
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