Recent comments in /f/massachusetts

Scratch_Disastrous t1_jdefykr wrote

Public easements for footpaths are common in MA, and there's no criteria that it needs to be for critical infrastructure. So I still don't think the government (taxpayers) should start buying up these properties. I'm also not convinced it would save tax dollars to move this money from legal fees to property purchases.

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Cal__Trask t1_jdee58u wrote

I know of no rule that states easements can only be applied to critical infrastructure. While I have never practiced in property law, so I admit my knowledge is limited, the classic example of easements in law school is a footpath. You have every right to disagree with the concept of easements, but the fact is it was written into her deed, she either knew, or should have know about this before she purchased the property. Essentially she went into this with her eyes open and now is trying to change the rules for everyone else.

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Robot_Tanlines t1_jdedtnm wrote

How is the government wrong here? You only own up to the high water mark plus there is an easement in place. She bought the land for as cheap as she did cause of those things, it would be bullshit to reward her for trying to renege on the agreement she made by buying it. She’s a lawyer, she knew exactly what she was buying, if she didn’t like it she shouldn’t have bought it or she should sell it.

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HaElfParagon t1_jdedsrk wrote

The benefit to the taxpayers is twofold:

One, they can continue to use the land without harassment.

Two, their tax dollars wouldn't be wasted fighting a lawsuit against NIMBY's who, regardless of our opinion on them, should have the right to decide who is and isn't allowed on their land.

I'm arguing that easements should only be allowed for critical infrastructure, not for recreational footpaths.

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AllstarGaming617 OP t1_jdedp6w wrote

That’s the most frustrating thing, Im an excellent driver! And I know every single state traffic law better than any course instructor. I am the production manager of major touring band and in the first 5-7 years of the bands major explosion I spent 9 months a year on the road driving a van-towing a trailer and even drove the tour bus on our first dozen tour bus runs. I’ve seen every inch of every major highway on the entire continent(US/Mexico/Canada) several times. I estimate I’ve driven over 1 million miles in the last 18 years and that ticket in 2008 is my only legitimate traffic violation lol. It’s nuts!

2

HaElfParagon t1_jdeda72 wrote

I'd argue that the public shouldn't have the right to use private property. I understand easements with regards to managing telecom boxes in cluttered neighborhoods and the like, but this isn't an easement for critical infrastructure, it's an easement for a recreational footpath. The state shouldn't have the right to tell us what we can and can't do with property we own. If the state decides they want the land to be used for a specific purpose, they should buy the land off her to achieve that purpose.

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