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Emergency Tower Eviction

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rpgbigman

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http://www.msnbc.msn.com/id/13493101/
http://www.kdlt.com/
Emergency Tower Eviction
Minnehaha County officials just found out one of their emergency communications towers is being evicted from a piece of land in Baltic.

Emergency Tower Eviction
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By Laura Muir
KDLT-TV
June 22
Negotiations between the county and the landowner have stopped, and now the county has just three days to remove the radio tower. Radio towers help dispatchers communicate with emergency crews in the field.

But there's a chance one tower will be removed, and county officials say that could hurt their emergency response system.

Minnehaha County Deputy State's Attorney Gordy Swanson says, "The tower sites are placed quite strategically to make sure in all areas of the county, we try to have radio coverage."

The main dispute between the landowners and the county comes down to two main disagreements.

Dick Gregerson says, "Basically, what they'd like, they'd like the property to be maintained properly. And then also receive a fair price for the land."

The county pays $250 a year to rent the land.

The property owners say that's too low.

They say now that the lease has run out, they have the right to evict.

Gregerson says, "If the lease terminates, than that property or those buildings and towers have to be taken off. They haven't done it, so the only remedy the landowner has is probably an eviction notice."

The eviction notice gives the county just three days to take this tower down and find somewhere else to put it. County officials say that is just too costly.

Swanson says, "It kind of came as a surprise because we had been talking with them... we've leased the property since 1985."

Even with the eviction notice though, there's a good chance the tower will remain standing.

The state's attorney's office is recommending the county condemn the land, making the county the new owners.

But the property owners say they are willing to negotiate for a fair price, and they're hoping to resolve the issue without going to court.

The Minnehaha County Board of Commissioners will hold a special meeting tomorrow morning to figure out how they will handle the eviction.

The state's attorney's office says the county is willing to negotiate for a higher price, but they just haven't been able to come to an agreement yet.
 

STiMULi

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That is real close to "If you don't give it to me I'll Kill you"


They had ample time to find other resources. They knew that when they entered into that agreement that it had a termination point.

Now to say if we don't get our way we'll take it, lets anyone else know how to deal with their local government...

NOT
 

Grog

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The county pays $250 a year, and they are worried now?

Evict them, maybe they'll plan better the next time around. :)
 

flyingwolf

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The state's attorney's office is recommending the county condemn the land, making the county the new owners.
That part gets me, give it to us, or we will simply condemn the land and take it and there is nothing you can do about it.

Now bend over and bite down on this. This is gonna hurt.
 

OpSec

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So they knew the lease was ending, and now the State AG or somebody from his office says to declare the land condemned? Wow, and I thought Chicago politics were bad!

Um, sorry guys...land owners are in the right, and the politicians are wrong like usual. This would be run up the judicial chain if the land is siezed.
 

tom_guess

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Sounds like the old power of eminent domain threat.

Except usually the gov't allows a developer to take your property for sales tax revenue.
 

KC8JPZ

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250 a year? I have spoken with many land owners of sites that I have been on and the monthly payment pays for the house..Heck.. I'd be happy with the payment of a top mounted antenna.
 

DaveNF2G

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stateboy said:
Um, sorry guys...land owners are in the right, and the politicians are wrong like usual. This would be run up the judicial chain if the land is siezed.
I think you're wrong about that. The U.S. Supreme Court has recently expanded the power of eminent domain. Based on the latest cases where government seizures of private property on behalf of private businesses have been upheld, I expect the landowner to lose on appeal.
 

SCPD

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DaveNF2G said:
I think you're wrong about that. The U.S. Supreme Court has recently expanded the power of eminent domain. Based on the latest cases where government seizures of private property on behalf of private businesses have been upheld, I expect the landowner to lose on appeal.
I'm still waiting for the "Just Desserts Cafe" to be constructed on the personal home of the deciding supreme court judge. It's only fair --- and would provide the county with a better tax base.
-rick
 

Caesar

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that is a funny story, and i'm amazed they have only had to pay 250$ a year for the past 21 years, i mean the homeowner shouldn't request 1000$ or month or some larger amount, but more than what they are getting, and since they have been fine about it for so long i'd bet a lot of it is just about it being maintained better, i mean it is in their yard, you can't blame them, the tower is an eyesore enough...

i'd just request they let me run a few antenna's up on the tower for "personal" use. :)
 

JHaislet

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On Friday this case was settled with the county buying the land the site was on for a one-time fee of $5,000. I think if it were my land, I'd have been happy with a couple more hundred a year vs the lump-sum payment and transfer of deed.
 

grem467

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What kills me is if Wal-Mart wanted to build there, they would fight to have it siezed under iminent domain, yet a tower to serve public safety doestn get the same treatment.

wait i got it, build a walmart there, then put up a new tower behind it.

lol
 

rpgbigman

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Emergency Tower Eviction update

Communications tower will stay, thanks to sale
Landowner had asked county to remove it
DAN HAUGEN
dhaugen@argusleader.com
June 24, 2006




A landowner who earlier in the week demanded that Minnehaha County remove a critical emergency communications tower from his property agreed Friday to accept the county's offer to buy the site.

County officials met in emergency session Friday morning after being served with an order Wednesday to vacate the site within three days.

The radio tower between Baltic and Colton is one of about a half dozen in the county that allow dispatchers, law enforcement, first-responders and county highway workers to communicate in the field.



"This site is critical to our emergency infrastructure," said commissioner John Pekas.

It's been on the property for more than two decades, during which the county has leased the land for $250 per month. When the land changed hands in recent years, the new owner, Jon Brown, sought a different arrangement with the county.

Deputy state's attorney Gordon Swanson said the county was in contact with Brown since 2003 about a new lease. Those talks stalled, though, and after a long silence, the county received the vacate order, he said.

"This has not been an easy relationship," Commissioner Carol Twedt said.

Brown couldn't be reached for comment. But a lawyer representing him said during Wednesday's meeting that his client didn't intend the situation to reach the point it did.

County commissioners unanimously voted to offer $5,000 to Brown for the land, and if he did not accept, they authorized the county's attorneys to pursue the land through condemnation.

It's unlikely but possible that a legal fight about condemning the property could have left part of the county without emergency radio service, Swanson said.

"There was some risk of that happening -- probably not a lot, but some," Swanson said. "When you go to court, you're never in control of what a judge is going to decide."

Swanson said the county's offering price, which is more than the assessed value of the land, is justified because the property is highway frontage.

Swanson said the county has lease agreements on what he speculated to be about a half-dozen other pieces of property for emergency communications towers. And while it is possible similar situations could develop, Swanson didn't consider it likely.

"With other leases we've had, we have always been able to come to terms on lease agreements," he said. "We've never had to go to the extreme of contemplating condemnation proceedings."

Minnehaha Metro Communications Director David Atherton was not available for comment Friday.

Steve Young contributed to this story. Reach Dan Haugen at 331-2335.
 

STiMULi

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That means that because they were the government they could renege on the deal and then change all the rules.

That was extortion.
 

JHaislet

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I can see both sides of the argument here. IMHO, the landowner knew or should have known it was a public safety tower site and common sense would dictate that you can't just up and move a public safety tower on a mere 3 days notice. Not to mention the huge service outages and disruptions taking such a site offline would cause. Isn’t even an option.

Seriously, that's like leasing some land to the city for a fire department, then a couple years down the road when the lease is up, telling them they've got 3 days to pack their **** & move (including the firehouse). :roll:
 

STiMULi

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I could see me renting a house and then my sick mother comes to my house for hospice.

The lease is to end during her stay before her eminent death.

Meanwhile the owner of property says he is raising the rent or I can buy it for some ungodly amount (thier right).

I say no. I am staying!

If the lanlord does not let me stay I will pay what I think is a fair price for property and then the landlord loses.

Right

Since 2003 the county had an obligation to it's citizens to find another place for it's equipment and not wait until just before the lease is over and then threaten extortion.
 

jparks29

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flyingwolf said:
That part gets me, give it to us, or we will simply condemn the land and take it and there is nothing you can do about it.

Now bend over and bite down on this. This is gonna hurt.

and you wonder why people go all screwy in the head and blow shiznit up...
 
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