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HELP!!! - Town is Forcefully Annexing My Farm

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Tremayne Hadenf

09-18-2003 20:07:55




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My farm and surrounding area is being forcefully annexed by the Town of Porter in NW Indiana. We have organized, started the petitions, hired a good attorney, and started contacting legislators and interested groups. We don't want it, it's a negative impact to us and they do not care about our way of living. What they are doing should be a felony! Anybody been through it? Any groups that might be able to help? I read this discussion forum almost daily and it's wonderful how you guys help each other and promote the preservation of the best tractors ever made.

Thanks in advance, Tremayne

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Chuck

09-19-2003 17:29:15




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 Re: HELP!!! - Town is Forcefully Annexing My Farm in reply to Tremayne Hadenfelt, 09-18-2003 20:07:55  
There was a program a few years back called the Farmland Preservation Act, May be federal, may be state (I'm in Ohio). Could be an answer to your problem, you might research it online. Good Luck in your fight,Also, under Emminate Domain, if land is taken from a private party, it has to be used for an essential public purpose i.e. school, fire station ect, someone wrote about a golf course in another post,(Owner probably gave in to high pressure from a developer)as this would never make it thru the courts under Emminate Domain.

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Tim(nj)

09-19-2003 19:23:57




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 Re: Re: HELP!!! - Town is Forcefully Annexing My F in reply to Chuck, 09-19-2003 17:29:15  
Don't be so sure about what eminent domain can't be used to do. The golf course I was talking about is a MUNICIPAL GOLF COURSE owned and operated by the borough of High Bridge. It was not a private developer. Court said it was legal to take the land for that purpose. Another farm in Bernardsville, NJ was taken by eminent domain by the township to make a park (only after they found out the landowner was in talks with a housing developer).

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Shane

09-20-2003 07:11:32




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 Re: Re: Re: HELP!!! - Town is Forcefully Annexing in reply to Tim(nj), 09-19-2003 19:23:57  
Before I was born, in 1970 something we and many others had land taken from us for use as a State Park. Now known as Potato Creek State Park, covering 3000 acres. I suppose at the time it was a huge problem but we did get compensated and now I enjoy the park, specially since I can just hop the fence and get in, shhh don't tell. However, I don't agree with them just takin land like that. I know here in St. Joe county,IN there are a lot of good guys on the Board of Zoning Appeals, most of which are farmers or country folk, who keep farm land from being sub divided. Very strict in this county. Might want to talk to the Zoning Board, assuming you have one there, and see what they think. Good luck.

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KURT (mi)

09-19-2003 17:12:23




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 Re: HELP!!! - Town is Forcefully Annexing My Farm in reply to Tremayne Hadenfelt, 09-18-2003 20:07:55  
Can you be more specific, If somebody was forcefully taking my land I would have no choice but to stick a gun in their face!



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Wolverine

09-19-2003 17:07:54




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 Re: HELP!!! - Town is Forcefully Annexing My Farm in reply to Tremayne Hadenfelt, 09-18-2003 20:07:55  
And they wonder why people shoot people? Good luck!



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Bus Driver

09-19-2003 17:01:00




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 Re: HELP!!! - Town is Forcefully Annexing My Farm in reply to Tremayne Hadenfelt, 09-18-2003 20:07:55  
In NC, fighting it might delay it for a year or so, but in the end, the vote of the city council alone is all that is needed for annexation. All their regulations will apply to annexed areas. Nearby city is slick- formerly no goats allowed in city limits- they have lots of kudzu in the city and goats are the best control measure. Lots of goats in the new area to be annexed, so to reduce the opposition, they amend city ordinance to permit goats providing that any fence for goats must be at least 150 feet from adjoining property. Do the math- if an owner has 2 acres in a perfect square, this regulation would permit a pasture 12" square. Generous, those city councils.

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caseman-d

09-19-2003 11:43:39




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 Re: HELP!!! - Town is Forcefully Annexing My Farm in reply to Tremayne Hadenfelt, 09-18-2003 20:07:55  
Without all the details of what is going on I know that when the City here starts talking annexing some one usally gets a petion and gets signature's to bring it to a vote. If the city residents are against it then they could vote it down. One reason they may want the park is so that they can federal money?? Well good luck with your fight.
caseman-d



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ff316

09-19-2003 08:26:30




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 Re: HELP!!! - Town is Forcefully Annexing My Farm in reply to Tremayne Hadenfelt, 09-18-2003 20:07:55  
Good luck with your fight. Not being a smart a@$, but ask your local indian tribe how hard it is to fight "progress". Once again, good luck.

Fireman in KY



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Tremayne Hadenfelt

09-19-2003 04:12:26




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 Re: HELP!!! - Town is Forcefully Annexing My Farm in reply to Tremayne Hadenfelt, 09-18-2003 20:07:55  
The town is trying to get out past us but has to annex us to get further east. Did I mention the town is annexing 1267 acres, and about 836 acres is National Park and only 430 acres is privately owned! They have to annex park property to meet legal requirements of "contiguous border" under Indiana Code of Annexation. The park does not care either, because it will not affect them. Any nonconforming land use will not be tolerated under town law,(no trailers, animal restrictions, no atv's, hunting and such) For there own personal gain they want to ruin the whole reason we chose to live in a rural area and I am the 5th generation to farm my family's ground. The people of the town do not want to annex us, it is just a majority of town council memebers. I get so #$@@%**^ upset even talking about it. thanks tremayne

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Steve from MO - whoa!

09-19-2003 12:58:24




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 Re: Re: HELP!!! - Town is Forcefully Annexing My F in reply to Tremayne Hadenfelt, 09-19-2003 04:12:26  
In Missouri an existing use would be "grandfathered" in against zoning violations. It may not be the same in Indianner, so it is good you have an attorney. One of the many, many things you would need to be compensated for if they proceed against your wishes is for your loss of privacy and quiet enjoyment of your land.



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Art

09-19-2003 03:37:31




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 Re: HELP!!! - Town is Forcefully Annexing My Farm in reply to Tremayne Hadenfelt, 09-18-2003 20:07:55  
For exactly what purpose are they annexing your farm for? Need more details....



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Tim(nj)

09-19-2003 17:09:10




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 Re: Re: HELP!!! - Town is Forcefully Annexing My F in reply to Art, 09-19-2003 03:37:31  
The town of High Bridge, NJ used eminent domain to take away a farm from a old guy who was 4th generation. Spent his whole life on the farm, had a dairy herd before he semi-retired. What did they want it for? A golf course. The family tried to fight it, but the courts said it was legal, using the old "greatest good for the greatest part of the community" argument. It got built, but way over budget. Now it costs the residents a lot of money to keep that course open. And guess what? Very few of the people who use the course are from High Bridge. They are affluents from other communities. They complain loudly when a fee increase is imposed on them. So the town dumps on the taxpayers instead. Wonderful country this is turning into . . . .

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