Eminent Domain

[Striperhound]

My tree issue has gone to a new level and made the local news. Any attorney's on here who know NY eminent domain laws?

[BigFish]

I believe eminent domain applies if for instance it were a dwelling that nobody had occupied for some time and someone claims it?? I am sure someone who knows better will chime in. Curious to hear this one Warren!

[JohnnyD]

Found this on FindLaw.com. It is for Pennsylvania but you may be in a similar situation.

"All private rights to air space over land are subject to the right of passage or flight of aircraft. "
http://knowledgebase.pub.findlaw.com...ytortlaw_2_142

I remember reading about your tree issue before. If New York has a similar definition in the homeowners right to airspace, with the same restrictions, the state would be able to use Eminent Domain to take the tree down.

[Striperhound]

This is going to get interesting. NBC news in Albany shows up at my home yesterday to interview me and get my side of the story. The news story has Airport officials, Saratoga County officials saying the county has not ruled out taking my tree via eminent domain. The nice spokesperson on camera for the Airport said" I need to come to my senses" I really appreciate his comments. This story is even funnier because behind the scenes the town supervisor is trying to broker a deal with me for the airport and county. I am sure all the voting tax payers in the town will love what I have to say when it comes time to vote. County and town politics and big business interest at the expense of the tax payers.

[JohnnyD]

"Come to your senses."

Yes, because you want more air traffic directly over your house, making noise and interrupting your view of the sky. The airport official obviously doesn't care that at the end of the day, when they go home from work, the gov't or big business hasn't effed with his home or property.

How did the NBC skew the news story? Producers cannot allow unbiased stories on the air - someone has to be the bad guy. Did they make it appear that "big, bad, business is stepping on the innocent little guy"... or "the lowly business owner can't make a buck because of a selfish homeowner"?

I'm on your side. Take them to the cleaners if you can. They're going to benefit by seeing increased traffic and in turn, increased fee collection. You shouldn't be the only one to have to make a sacrifice.

[Raven]

some towns have them....inquire as the tree is historically old

also at what height can the tree be at..... to pacify them

or in other words at what height is a homeowners property ending?

can you have it topped instead of felled....? then build a tree house

so are you going to get reimbursed for the deforestation this tree will cause if it was felled. are they stealing your lumber....too?

GPS units are now being put in place to schedule flights to land every 90 seconds instead of every three or so minutes ...

[Striperhound]

The reporter took alot of statements and photos saying he wanted my side of the story. When the report ran I was the bad guy holding the business hostage. They really put a negative spin on me and my issue. The statements they received from the other parties involved were very fabricated as well saying we agreed to things then changed our minds, that never happened. The airport officials said on camera we are costing local tax payers money because the town and county cannot collect tax revenue on flights landing there. The negative press just intensifies my resolve to keep the tree up and fight it.

[BigFish]

Contact a rival newspaper and tell them about it??!!

[JohnnyD]

Originally Posted by BigFish

Contact a rival newspaper and tell them about it??!!

Exactly what I was going to say. I'd call a rival agency and tell them exactly what happened and how it was spun that you're the bad guy. Then I'd tell them that they will be the only agency I spoke to for future updates if they reported your side.

Some reporters salivate at being exclusive regardless of what the actual story is.