Don't get me wrong - I'm not anti-power company or anti-Town government. I am, however - anti-being-jerked-around.
A few things to think about. First - I think you've got the meaning of "emminent domain" confused. It means one thing - and one thing only. It is a transfer of land against the owner's wishes - supposedly for the "common good." It is a legal procedure - in court - and once done - the ownership of the property is transferred and deeded. So - there is no "implied" emminent domain by the town - or anyone else. With public roads in New York - 99% of the time the town owns none of them. If you live by the side of the road - you probably own to the center of that road. If you own land on both sides of that road - then you own ALL the road. The town simply has a "right of way" OVER your land. The issues of what rights the town has - to right of way on the sides of the road ar complicated. Keep in mind that very often the town highway supervisor does NOT know the law, nor does the town attorney. Many roads in rural parts of New York became roads by "easement by prescription." These types of roads do NOT grant the town any right to do anything but maintain the existing road-bed that is actually driven on. But, they do what they want anyway and often claim a "right" to clear on the sides - which they legally do not have. It usually goes unchallenged - and once done - if seven years goes by - they then HAVE the right. So, they can widen a bit each year - with tree trimming, road plowing or grading, etc. And, as time goes by - they have it legally since nobody asks questions. I did, and I un-did some work here and put the road back where it was before.
One catch to all that is - they can just proceed to quick-take Emminent Domain and take what they need. But, it's not a simple 10 minute process. It cost money, time, and public input. My town has tried to take my land twice - and so far, they failed both times.
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Today's Featured Article - Listening to Your Tractor - by Curtis Von Fange. Years ago there was a TV show about a talking car. Unless you are from another planet, physically or otherwise, I don’t think our internal combustion buddies will talk and tell us their problems. But, on the other hand, there is a secret language that our mechanical companions readily do speak. It is an interesting form of communication that involves all the senses of the listener. In this series we are going to investigate and learn the basic rudimentary skills of understanding this lingo.
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