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Tractor Talk Discussion Board

Re: right of way - power lines OT


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Posted by RN on December 21, 2007 at 13:51:12 from (69.130.247.250):

In Reply to: right of way - power lines OT posted by Alafarmer on December 21, 2007 at 02:51:46:

Call the sherrif and ask for complaint forms for felony criminal tresspass, get local deputies number and dispatch office number. when power people show up have them give you the legal agents name to put on the complaint form. Sherrif and county attorney will then tell agent to not make trouble for landowner because they don't want the hassles of haulingpeople to court on civil matter and the easy thing for the sherrif is to have county judge put a stop order on the work until he can review all the complaints- this meaans no work can be done on their part without risk of a contempt of court arrest of agent named on complaint. If Agent is lawyer he will know judge is likely to rule mostly in his favor in a couple months but any actions taken while judge is studying case that makes judge mad is likely to result in overnight jail stay. A remote possibility of a local jury getting involved in any part of the case is further delay and is a wild card to be avoided by large companies- company that takes 2 days extra to survey and brings the beer to discussion and cleans up can get things done on time- the neighbor that is next job is likely to also be accomidating on same terms. A bully company that gets a sherrif and judge annoyed- and doesn't vote in county- is likely to get equipment impounded, legal rep likely the get cussed by judge and noted to local bar association as uncooperative to court. Company wants something done cheaply and quickly- the legal hassles would take too much time. Judge knows that research will take time, court procedings take time, threat of actual hearing is something company wants to avoid. Local judge around hear lets both sides civil dispute do pretrial conferences in courthouse room for a couple weeks- then stops in on friday morning and asks if agreement has been reached for clerk to record as he closes case next week- if he doesn't get a yes he says OK, the jury pool will be questioned Monday for the trial on Wednseday, no delays accepted outside of Federal court trial order, and case decision wil be done the next friday- appeals can go to high court for next couple years but his calendar will be clear. Any suprise agreements reached and recorded by Monday morning? Developer lost a year of good construction time by being bully - his insurance went up and he had to take on partner for extra cost. David Simon is now minor partner to Century 21, his name is in small print on sign, too bad, I still have a bit of settlement money in bank. RN


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