My Rant, Need Advice, City Trespassed and Damaged my Property.

   / My Rant, Need Advice, City Trespassed and Damaged my Property. #11  
Mornin Ultra,
Sure seems strange to me a city crew would do that type of damage ! :confused: Certainly not impossible, but seems farfetched. As others have said get a bunch of pics for everything your unhappy with as far as damage on the property, and start making some calls to the city depts to find out if any of their crews were actually in the area in that timeframe ! As another poster stated, be firm but polite, nothing was ever gained by escalating an incident into a shouting match !

Good luck !
 
   / My Rant, Need Advice, City Trespassed and Damaged my Property. #12  
Since some form of vandalism, property damage and tresspass did occur, I'd consider calling the police and filing a report. Damages could easily reach felony levels on something like this, especially if you hired it out to a landscaper to return it to original conditions.

I know people who have done this and the results have been almost overwhelming. If the police are hesitant to take a report or do anything, get names and be sure to inform them that you will file a complaint against them too. I don't know of this happening first hand, but I've been told stories by others where the police don't want to deal with these sorts of things.

And of course, document everything with pictures and measurements. Record how long the ruts are, how deep they are and so on. The more detail you provide, the higher the monitary damage is, and the bigger the crime commited against you and your property.

Eddie
 
   / My Rant, Need Advice, City Trespassed and Damaged my Property. #13  
Hmm.. tough situation.

My only advise is to check again to see that there really are no easements.. perhaps do a property search.. some easements may not have been recorded. ( of course.. if the property had title ins.. this would then be an issue with the title co. too ).

Also.. one last thing. check to see if your private road has become a 'prescriptive road'. If it has... it's 'almost' a public access road now... even though it is private.

The front of one of my pastures is a dirt road.. the road runs meandering dow the frontages of a bunch of small farms in my area.. it is a private road ( white signs with green letterin as opposed to green signs with white lettering for our county.. ) It is considered a prescriptive road... Utility crews came down last year and cut a swath thru a row of trees on the east side of the road to make way for utility work traffic -IF- they had another bad storm season, so they could get crews back in to the power lines.

It ticked a bunch of us off as we liked that tree line buffer to seperate us from some 'housing' on the other side of the road... Turned out there was nothing we could do to fight it...

Not saying that is what your's is.. just you may want to check it.

Also.. check ALL your utility service agreements.. all of mine have some sort of plyspec legal print on them that says i grant unconditional access without reguards to laibaility to my property for the compaines to perform 'needed' work,. Thos types of clauses are meant as catch-all's for just this sort of thing.

Good luck!!

Soundguy

ultrarunner said:
Went to check the battery in my tractor behind my house and found the chain barrier at the street had been cut, several large Oak Tree Limbs cut and ruts with sacks of gravel where a very large truck got stuck.

The chain has been there since 1977 without incident and no one but my family has ever had a vehicle on my 17 acres adjoining my home. Come to find out from a neighbor that a city Sewer Maintenance Crew had been working on my land all day yesterday.

It is ironic that I had to inventory and map every Oak tree above 4" in diameter at breast height on my 17 acres to ensure that no harm comes to the Oaks when I operate my tractor and yet, the city can come unannounced and start cutting trees and leave the debris on the side of my private road.

The city has no easement or right to enter my private road... without a bonafide emergency. There is a main city sewer serving several 100 homes with easement access from neighboring parcels. Apparently the foreman thought the terrain was to steep on the deeded right of way and decided to try to bring his equipment in on my nicely maintained tractor road.

Everyone has told me to calm down and some have remarked that I should just forget it... you can't fight city hall and what do I expect... the city to buy me a new chain and plant some trees?

What idiot cuts a chain in the middle of the chain. It would have been at least more reasonable it the city would have cut the last link and left me with a usable chain.

I apologize for my Rant, but I an really ticked about this. Has anyone had a similar issue with city employees trespassing and doing damage?
 
   / My Rant, Need Advice, City Trespassed and Damaged my Property.
  • Thread Starter
#14  
Thank You for all of your suggestions.

I got my brother's digital camera and will document tomorrow.

A couple of things...

The neighbor said he saw a green city truck with the city of Oakland official seal on the door on my trail. The city of Oakland is responsible for all public sewers in the city. Many times over the years I have reported thousands of gallons per hour raw sewage spilling into the area creeks that have gone on for days and even weeks. Often I have to show the city where their pipe is leaking. All of the Oldtimers have retired and the new guys are truely lost when they have to fix a problem on raw land.

In the dirt,at my trail, I found a 5 1/2 by 8 1/2 official notice form from the city stating they need access to my backyard and to call the office between 8:30 and 4:30. The notice was not dated, was not signed nor was it left at my home.

The trail only serves my land, it does not connect to adjoining parcels. To do so would required bridging 3 creeks.

The city has a well documented through easement over their sewer main. The problem is the city has not maintained their easement and in some places it is covered by a walls of Poison Oak. They have no access from my trail.

This is the first time, going back to 1977, (the year I put up the chain at the request of the Fire Dept.) that anyone besides me has driven on my trail. I have the only key and I keep it on my key ring.

The tree situation in Oakland has become such a big deal that God help anyone that damages a tree, especially Oak Trees. I had to get a $50 dollar permit to take out a dying walnut tree in my own backyard.

Before the permit was granted, the utility poles in the area had to be posted and I had to wait 4 weeks to allow time for public comment. I guess the rules don't apply if you are the one who makes the rules.

In the scope of things, the damage is small... I know my canopy of huge oak limbs shading the trail will not come back in my lifetime. After thinking about it, I would say the total disrespect for private property that has me ticked.

Side note, an attorney acquaintance of my brother has cautioned that I may not want to make a big deal out of this because the city always has the option of condemnation.

Over the years, owning acerage in this city seems to be more trouble than it is worth. The neighbors all think it is open space parkland, the fire department requires I maintain fire breaks, not to mention the weed abatement folks, visits from code compliance from illegal trash dumping, etc.
 
   / My Rant, Need Advice, City Trespassed and Damaged my Property. #15  
ultrarunner:

I would follow the recommendations provided without making a "big stink :eek:". It is truly unfortunate that this happens to hopefully voting law abiding taxpayers. In Taxachusetts at least even though the electric company has deeded 15' easement rights to keep trees away from the roadside powerlines; I still have to be notified and sign off documentation that I have be notified of any incursion on my property. Good luck. Jay
 
   / My Rant, Need Advice, City Trespassed and Damaged my Property. #16  
Ultrarunner,

I work for the phone company and with the recent undertaking of running fiber to the prem this issue comes up all the time. So much so that they have formed a group that goes around to the neighborhood that we will be working in and give them all the info about utility easements and contacts (company and local) in case there are any questions. If there is an easement that you are unaware of the city should still fill in the ruts and clean up the mess just out of respect for you (the one that pays their salary). I don't think you would see any compensation for the trees or the chain since they were in the easement. If there is no easement and it was a mistake or just abuse send them a cert. letter with return reciept (your are dealing with the gov't), telling them nicely, but firmly, that you want the damage repaired and new trees planted. Just another thought if enough damage was done turn it in to your insurance company and then let them deal with the city. Also after being on this board for a while I am starting to think NJ is not such a bad place to live. Who would think you need a permit and public approval to cut down a tree on your own property.
 
   / My Rant, Need Advice, City Trespassed and Damaged my Property. #17  
ultrarunner,
you should sent a cert.letter/return reciept to the city as whynot said so that in case someone thinks you cut the trees in 2 or 3 months your covered.stranger things seam to happen in cal.
 
   / My Rant, Need Advice, City Trespassed and Damaged my Property. #18  
One last thought. I'd check my property over REAL good to make sure that I had absolutely -0- things that could be code enforcement violations. As your brothers attorney/ aquaintence pointe dout.. even if you do catch them with their pants down.. they have quite the means to be the one giving you the spanking of your life.

I imagine if they found a single oil can dumpe don your property they might be able to drum up enough epa fines and searches and leins / legal procedings to bankrupt a 'squeaky gear'.. whethere it was their original misdeed or not.

Remember.. the squeaky gear get's greased.. that 'grease' may either be good.. or bad.. but once you draw attention to it.. it's deffinately going to be investigated. Unfortunately.. I've allto often seen the peopl ethat come do the investigations all show up with their own monogrammed shoulder length rubber examination gloves and box of hot pokers...

again.. Good luck!! I'm not saying don't call them on the carpet.. I'm saying, have all yuor ducks in a row when you do!

Soundguy
 
   / My Rant, Need Advice, City Trespassed and Damaged my Property. #19  
If there is no easement, then this was trespassing. The certified letter and photographic documentation will help in your battle for compensation. Soundguy's advice is Sound (I liked that :) ).

This is another reason for owning a BH with a thumb. A couple of well placed boulders works better than any gate. :D
 
   / My Rant, Need Advice, City Trespassed and Damaged my Property.
  • Thread Starter
#20  
Update...

The city sewer supervisor and I have been playing phone tag.

In her last message, she suggested meeting... so I took about a dozen pictures and put together a "Friendly" letter outlining my position.

I plan to stop by her office, with letter and pictures in hand, and see what happens.

I'm glad I posted on TBN instead of marching straight to city hall last week... I would have been too ticked off to have accomplished anything...

Thanks again to everyone that offered advice!
 

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