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Land Use?

Old 06-13-2007, 01:01 PM
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Default Land Use?

Been a couple threads on here lately concerning theuse of a person's property. In other wordsshould your nieghbors be allowed to decide what you can and can't do onyour property.

We had one where the property owner built a dock and some of his nieghbors are not happy about it. As of the last word it wasn't decided if the dock was actually on his property or not.But if it was on his property, should the nieghbors have any say as to whether he can build it or not?



Secondly we have a local issue in the area where I live. Here's the situation: In a rural part of the parish we have a landfill that accepts contruction debris and other non household solid waste(trees, limbs, sheetrock, shingles, boards). It has been located there for years, atleast 10+, properly permitted and regulated. A local developer has built a large upscale subdivision ajoining the landfill. The people who have purchased homes in this subdivision are now pushing to have the DEQ close the landfill. The landfill was clearly visible when they purchased the property, the developer did not hide the fact that the subdivision was next to a landfill. Do the subdivision residents have a reasonable leg to stand on.



Thirdly, another local issue from a nieghboring parish. An upscale subdivision that backs up to businesses on a busy commercial street. The subdivision owners own no property that front the street, only an access street joins thesubdivision to the busy street. Businesses located on the street have put up billboards advertising their services, the home owners are suing for removal of the bill boards claiming the BBs spoil their view. No one hid theBBs so they were in view when the property was developed, were the homeowners blind or what?



My personal situation. I want to install a second entrance to my property. This will require culverts installed in the roadside drainage ditch. The entrance will be located across the road from my nearest nieghbors driveway. He has expressed his displeasure with my choice of locations for the culverts. He really doesn't give me a clear reason other than it just won't look right. My choice of locations is limited. My property is dissected by a parish maintained drainage canal and the parish will not provide me a bridge to access my property located on the other side of the canal. The canal is 30' wide and 8' deep so me bridging or installing culverts in the canal would be costly. Where as I can install smaller cheaper culvertsin the roadside ditch for about 1/10 the cost. I might add that the parish maintains the canal, butthey have no right of way to enter my property, thecanal is maintained by my permission. This canal drains all the property within view including my ornery nieghbor.

Some other factors. Prior to a few years ago it was perfectly legal to install a simpleseptic tank and let the outfall drain into the roadside ditch. Today a treatment system has to be installed, it is actually illegal to install a septic tank. Well last year when my septic tank collapsed I was forced to install a sewer treatment plant at the cost of nearly $5k. A few days later my nieghbor walks over to inspect the work and brags that he hada new septic tank installed for less than $1k. Now how in the world he got the plumbing contractor to do it, I'll never know. But if I was the plumber I would not risk my living pulling a stunt like that. Nor would I ever ask a friend who just happened to be a plumber to take a chance like that. The guy could lose his license and face a real stiff fine. Of course this nieghbors untreated sewage now flows through my property in the drainage canal I have described previously. When I happened to mention this fact to him, he shrugged his shoulders and told me he didn't $h!t much.

I really want to be a good nieghbor, after all I am not going anywhere. I'd rather be friendly with my nieghbors rather than live in a state of open warfare. But frankly it kind of gets my goat that some people exempt themselves from the rules that they establish and clearly expect others to live by. Now it would be perfectly legal for me to build a large pig pen right across the road from this guy. But really that's just a illustation I am not thinking about doing anything like that. All I want is to be able to bush hog the other half of my property without haveing to travel 1/2 mile down the road and going through 3 gates..



So what do you guys think?
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Old 06-13-2007, 01:22 PM
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twentynine - 6/13/2007 1:01 PM



Been a couple threads on here lately concerning the use of a person's property. In other words should your nieghbors be allowed to decide what you can and can't do on your property.

We had one where the property owner built a dock and some of his nieghbors are not happy about it. As of the last word it wasn't decided if the dock was actually on his property or not. But if it was on his property, should the nieghbors have any say as to whether he can build it or not?



>
It is not what the neighbors say, it is about following proper zoning, permitting, and application processes. If there is no viable reason to turn down a project, it can not be turned down simply because "The neighbors do not like it". The aforementioned is called "snob zoning" and can carry some serious liability



twentynine - 6/13/2007 1:01 PM
Secondly we have a local issue in the area where I live. Here's the situation: In a rural part of the parish we have a landfill that accepts contruction debris and other non household solid waste(trees, limbs, sheetrock, shingles, boards). It has been located there for years, atleast 10+, properly permitted and regulated. A local developer has built a large upscale subdivision ajoining the landfill. The people who have purchased homes in this subdivision are now pushing to have the DEQ close the landfill. The landfill was clearly visible when they purchased the property, the developer did not hide the fact that the subdivision was next to a landfill. Do the subdivision residents have a reasonable leg to stand on>>
It depends - if the neighbors can prove a serious environmental or health threat - they may very well have a case. These types of issues are VERY politically motivated, and generally not solved in the zoning meetings - if you know what I mean

twentynine - 6/13/2007 1:01 PMThirdly, another local issue from a nieghboring parish. An upscale subdivision that backs up to businesses on a busy commercial street. The subdivision owners own no property that front the street, only an access street joins the subdivision to the busy street. Businesses located on the street have put up billboards advertising their services, the home owners are suing for removal of the bill boards claiming the BBs spoil their view. No one hid the BBs so they were in view when the property was developed, were the homeowners blind or what?



>>
Same answer as above



twentynine - 6/13/2007 1:01 PM
My personal situation. I want to install a second entrance to my property. This will require culverts installed in the roadside drainage ditch. The entrance will be located across the road from my nearest nieghbors driveway. He has expressed his displeasure with my choice of locations for the culverts. He really doesn't give me a clear reason other than it just won't look right. My choice of locations is limited. My property is dissected by a parish maintained drainage canal and the parish will not provide me a bridge to access my property located on the other side of the canal. The canal is 30' wide and 8' deep so me bridging or installing culverts in the canal would be costly. Where as I can install smaller cheaper culverts in the roadside ditch for about 1/10 the cost. I might add that the parish maintains the canal, but they have no right of way to enter my property, the canal is maintained by my permission. This canal drains all the property within view including my ornery nieghbor.

Some other factors. Prior to a few years ago it was perfectly legal to install a simple septic tank and let the outfall drain into the roadside ditch. Today a treatment system has to be installed, it is actually illegal to install a septic tank. Well last year when my septic tank collapsed I was forced to install a sewer treatment plant at the cost of nearly $5k. A few days later my nieghbor walks over to inspect the work and brags that he had a new septic tank installed for less than $1k. Now how in the world he got the plumbing contractor to do it, I'll never know. But if I was the plumber I would not risk my living pulling a stunt like that. Nor would I ever ask a friend who just happened to be a plumber to take a chance like that. The guy could lose his license and face a real stiff fine. Of course this nieghbors untreated sewage now flows through my property in the drainage canal I have described previously. When I happened to mention this fact to him, he shrugged his shoulders and told me he didn't $h!t much.

I really want to be a good nieghbor, after all I am not going anywhere. I'd rather be friendly with my nieghbors rather than live in a state of open warfare. But frankly it kind of gets my goat that some people exempt themselves from the rules that they establish and clearly expect others to live by. Now it would be perfectly legal for me to build a large pig pen right across the road from this guy. But really that's just a illustation I am not thinking about doing anything like that. All I want is to be able to bush hog the other half of my property without haveing to travel 1/2 mile down the road and going through 3 gates..



So what do you guys think?

Is the neighbor going to object to the culvert? If so, find out when he is going on vacation and plan the zoning/planning process around that. Plan it so that his mailed notification arrives while he is on vacation and gets buried with the rest of his mail, making him unaware of the meeting coming up. However, unless he has a valid objection, beyond, "It would not look right", I do not seeing him being much of an issue.

As for his septic tank - if you can document that he has raw sewage flowing to your property - YES, I would make an issue of it, for the obvious reasons. Think about that for re-sale - telling a potential buyer - No worries, that is my neighbors raw sewage!!!!
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Old 06-13-2007, 01:53 PM
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twentynine - 6/14/2007 10:01 AM

Of course this nieghbors untreated sewage now flows through my property in the drainage canal I have described previously.
I think this is not about being a good neighbor, bad neighbor, or even a pain in the ass. This is just wrong. I don’t care who the neighbor is or how well liked/disliked they are, I would get the proper county authority in there and cause him to have to correct that situation asap.

Also, quit talking to that jackass about what YOU are doing with YOUR property! It is almost like you enjoy having him rained down on you. STFU and put in your drive way or whatever the way YOU want to. If jackass comes over and expresses displeasure with your choice of locations for YOUR driveway, tell him you will consider whatever alternative he cares to submit as a plan. Also tell him you need a working plan, on paper, with cost analysis and you will need him to pay the difference when he gives you the plan. He'll leave you alone, tho I am not entirely sure you want him to.

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Old 06-13-2007, 01:58 PM
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29 i can only comment on the culvert...
he cannot keep you from putting it in, if the parish approves it, obviously
what he can do is b!tch about it, and nobody needs that hassle, also obviously
the septic tank issue, and your ditch, though, is a separate issue...one has nothing to do with the other
i disagree with RIB above...i dont think there's a thing you can do about it now...as you said the ditch belongs to the parish, not you. all you own is the ditch bottom. whether it carries sewage from his new system, or someone else's old system doesnt really make any difference. if i was you i'd leave it alone

get your culvert approved, and put it where you want. i doubt it will be a lingering issue, unless your neighbor is just crazy
i just went thru the same deal on my ponderosa
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Old 06-13-2007, 02:04 PM
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Eyeball

Truth is, after he got over me shooting his dog in my chicken coop about 20 years ago, we have been on pretty good terms. On occassion we have fished together, have been invited back and forth to family get togethers. So really I do not want to lose ground, but still I plan on getting my driveway put in. Regardless of his likes or dislikes.

As for the septic issue I am kinda releuctant to bring in the govermental authorities. It has been my experience once you involve those guys ain't nothing good going to happen for nobody.
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Old 06-13-2007, 02:05 PM
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CGrand:

My reference was to the fact that, according to 29, the new septic tank is an illegal tank to begin with.

Admittedly though, I know chit (no pun intended) about LA zoning and building codes.
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Old 06-13-2007, 02:18 PM
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sounds to me like you need to just get the permits to do your driveway and do it fast as possible.as for his septic tank running across your yard i wouldnt have that regardless if you where saving the peace or not.




the guy who put the tank in probably could not even pull a permit on it not sure about your neck of the woods but around here septic systems are handled by a whole different permitting board and are done by a septic company.i can not do anything to a septic tank other than hook up to it
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Old 06-13-2007, 02:32 PM
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29, is it a parish or state route? if it is a state route then you will need a driveway permit if it is a parish rd then call Mr. Gaudin with the new drainage and levee board. He can tell you what requirements you will have to meet.

RIB, I have to disagree with you on the landfill issue. If they purchased the homes after the landfill was already in use then they need to sue the developer not the landfill. However if the original owner wanted to sue the landfill for impact to his property value then I could agree with that. Having said that, there are several infamous cases in louisiana in which the judge ruled in direct violation of the law. Our judges are elected and want to keep their constituents happy.
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Old 06-13-2007, 02:42 PM
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bsmit24 - 6/13/2007 2:32 PM

29, is it a parish or state route? if it is a state route then you will need a driveway permit if it is a parish rd then call Mr. Gaudin with the new drainage and levee board. He can tell you what requirements you will have to meet.

RIB, I have to disagree with you on the landfill issue. If they purchased the homes after the landfill was already in use then they need to sue the developer not the landfill. However if the original owner wanted to sue the landfill for impact to his property value then I could agree with that. Having said that, there are several infamous cases in louisiana in which the judge ruled in direct violation of the law. Our judges are elected and want to keep their constituents happy.
They want the landfill closed - suing the developer will not get that done. The again, LA, like RI seems to have their own way of getting things done.
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Old 06-13-2007, 02:44 PM
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29...FYI
no fee req'd for state driveway permit

Baton Rouge (District 61) DOTD
Mike Procell - (225) 231-4130
(Ascension, Assumption, East and West Baton Rouge, East and West Feliciana, Iberville, Pointe Coupee and St. James Parishes)
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Old 06-13-2007, 03:34 PM
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RI Builder - 6/13/2007 1:42 PM

bsmit24 - 6/13/2007 2:32 PM

29, is it a parish or state route? if it is a state route then you will need a driveway permit if it is a parish rd then call Mr. Gaudin with the new drainage and levee board. He can tell you what requirements you will have to meet.

RIB, I have to disagree with you on the landfill issue. If they purchased the homes after the landfill was already in use then they need to sue the developer not the landfill. However if the original owner wanted to sue the landfill for impact to his property value then I could agree with that. Having said that, there are several infamous cases in louisiana in which the judge ruled in direct violation of the law. Our judges are elected and want to keep their constituents happy.
They want the landfill closed - suing the developer will not get that done. The again, LA, like RI seems to have their own way of getting things done.
I agree that it will not close the landfill. It would only work if the developer did not fully disclose everything. Then again the home owner needs to do their own Due Diligence.

I have had to deal with this when people buy or build a home next to an existing airport and then threaten to sue because the noise "damages' their property value. Sometimes the judges actually award damages!
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Old 06-13-2007, 09:55 PM
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Regarding the septic issue: I can't believe LA waited so long to stop these septic tank/drain fields from draining to the roadside ditch, since what is draining is raw untreated sewage, a blatant health hazard. I can't even believe that they allow a discharge from a treatment plant since they must be maintained to work properly (in other words, if you don't maintain it, then you're back to your raw sewage). In Miss. it is illegal for any of your wastewater, treated or not, to discharge off your property. If I were you, i'd file a complaint(anonymously if you like) with your local health department. Check into your state wastewater regulations, i'm pretty sure he is in violation. They can force him to him install a treatment system just as you had to do.
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Old 06-13-2007, 10:10 PM
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I would file a complaint about the septic issue, keeping the peace while he is $hitting on you does not make sense
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Old 06-14-2007, 01:53 AM
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Notify the local health department of the raw sewage and make the neighbor comply with local code, or I guess you just deal with the West Nile mosquitos it will breed.

As for your second access - find out what the local codes, conditions and regulations are and, if viable, build your access - if your neighbor objects just shrug your shoulders and say you 'don't schitt much.'
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Old 06-14-2007, 06:29 AM
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Twentynine, LA doesn't do things like GA, but in this case, I believe the grass is greener on your side.
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