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re: Couple must pay nearly $600G for removing oak tree from their property

Posted on 5/9/19 at 11:29 am to
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
41869 posts
Posted on 5/9/19 at 11:29 am to
quote:

Do you think the fine is appropriate? I sure as hell don't


Oh really? Based on what?

This post was edited on 5/9/19 at 11:40 am
Posted by SoFla Tideroller
South Florida
Member since Apr 2010
41808 posts
Posted on 5/9/19 at 11:35 am to
quote:

The conservation easement was placed on the property in 2009 by its former owners, who wanted to preserve the land’s untouched beauty. Conservation easements are voluntary and developed in partnership with land trusts. While the land can be owned privately, the easement becomes part of the permanent title record, according to the Sonoma Land Trust.


It's amazing to me how cavalier people on here are about private property rights. Why the hell do previous owners' wishes matter whatsoever with what the present owners do with the property? This erosion of private property rights has to stop.

And one small note, how can weeds be invasive if they're from literally next door?
Posted by thejudge
Westlake, LA
Member since Sep 2009
15245 posts
Posted on 5/9/19 at 11:37 am to
Posted by cypresstiger
The South
Member since Aug 2008
14462 posts
Posted on 5/9/19 at 11:39 am to
They just couldn't leaf well enough alone.

--I was rooting for that tree
Posted by oogabooga68
Member since Nov 2018
27194 posts
Posted on 5/9/19 at 11:39 am to
quote:

they demonstrated “arrogance”


Wow....a black robe tyrant accusing someone of "arrogance".....hmmmmmmm......
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
41869 posts
Posted on 5/9/19 at 11:41 am to
quote:

Why the hell do previous owners' wishes matter whatsoever with what the present owners do with the property?


Because contracts are a thing
Posted by Dam Guide
Member since Sep 2005
16792 posts
Posted on 5/9/19 at 11:43 am to
quote:

It's amazing to me how cavalier people on here are about private property rights. Why the hell do previous owners' wishes matter whatsoever with what the present owners do with the property? This erosion of private property rights has to stop. And one small note, how can weeds be invasive if they're from literally next door?


Because the previous owners gave rights away for that property and the current owners bought the property knowing they didn’t have those rights any longer. Why is that so hard to understand? They didn’t buy full control over a portion of the property.
Posted by TH03
Mogadishu
Member since Dec 2008
172004 posts
Posted on 5/9/19 at 11:46 am to
quote:

Why the hell do previous owners' wishes matter whatsoever with what the present owners do with the property? This erosion of private property rights has to stop.


If a previous owner sells away certain property rights, those rights do not get conveyed to subsequent owners.

You clearly know very little about property rights.
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57015 posts
Posted on 5/9/19 at 11:55 am to
quote:

amazing to me how cavalier people on here are about private property rights. Why the hell do previous owners' wishes matter whatsoever with what the present owners do with the property? This erosion of private property rights has to stop.


You don’t have any rights if you sign a contract stating so prior to taking ownership of the property.
Posted by East Coast Band
Member since Nov 2010
66984 posts
Posted on 5/9/19 at 11:56 am to
quote:

You want to know how I know that you don't have any trees in your yard?

What a dumb response I have about 20 or more trees in my yard, many I planted. I've been hit by a tornado and lost dozens of trees, also.
You may not want trees right next to the house, although they provide wonderful shade, but I'll see people just clear out over an acre of trees just to do it
Posted by Byron Bojangles III
Member since Nov 2012
52780 posts
Posted on 5/9/19 at 11:56 am to
Bring it to the supreme court they'll win
Posted by oogabooga68
Member since Nov 2018
27194 posts
Posted on 5/9/19 at 12:20 pm to
Stories like this make me want to stomp a Snail Darter....
Posted by Dizz
Member since May 2008
16214 posts
Posted on 5/9/19 at 12:26 pm to
quote:

Why the hell do previous owners' wishes matter


Its not the previous owner's wishes. The previous owners legally granted an easement. The buyers knew about it and purchased the property anyway.
Posted by Ron Popeil
Mississippi coast or Fairgrounds
Member since Nov 2018
902 posts
Posted on 5/9/19 at 12:34 pm to
quote:

Please show statute.

Currently, there are no state laws in Louisiana to protect historic or heritage trees and only spotty local ordinances that offer any protection from human removal. The only ordinance I’m aware of is the Metairie Ridge Tree Preservation District (Old Metairie). The fine is only $500.00 for removing a protected tree.
Posted by ccomeaux
LA
Member since Jan 2010
8184 posts
Posted on 5/9/19 at 12:43 pm to
straight to an appellate court.
they didn't kill the tree, they moved it. will get tossed at a higher court level.
Posted by Tigeralum2008
Yankees Fan
Member since Apr 2012
17753 posts
Posted on 5/9/19 at 12:48 pm to
As the proud owner of a 100 year old live oak on my property I cannot fathom anyone thinking they could successfully transplant one.

F these people
Posted by TH03
Mogadishu
Member since Dec 2008
172004 posts
Posted on 5/9/19 at 12:50 pm to
quote:

straight to an appellate court.
they didn't kill the tree, they moved it. will get tossed at a higher court level.


If they aren't allowed to move it and did, how would it get tossed out?
Posted by troyt37
Member since Mar 2008
14688 posts
Posted on 5/9/19 at 1:05 pm to
quote:

Conservation easements are voluntary


Apparently not.

quote:

No sympathy for the couple.


Yeah, can't believe they thought they could do what they want with their own property. Can't have that shite. How would the government be the ultimate authority over every aspect of everyone's lives, if people can do what they want with their property, right?
Posted by Open Dore Policy
The Commodore State
Member since Oct 2012
5451 posts
Posted on 5/9/19 at 1:09 pm to
quote:

They just couldn't leaf well enough alone.

--I was rooting for that tree


Since they betrayed the conservation agreement, does this count as committing treeson?
Posted by nes2010
Member since Jun 2014
8030 posts
Posted on 5/9/19 at 1:12 pm to
quote:

they didn't kill the tree, they moved it.


Moving the tree killed it.
This post was edited on 5/9/19 at 1:13 pm
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