Anyone fought local government over property?

TAHOE · **Posted:** Fri Feb 05, 2010 6:31 pm

My parent own 4 acres next to the historic Miami-Erie canal that stretched from Dayton to Cinci back in late 1800's-early 1900's. Anyway their deed states they own to middle of the canal( dated back to 1926, updated in 71 when they bought). In 1973 Ohio governor Rhodes states all natural waterways be made a park so they( county/park) assumed part of the property, mom was told@ that time not to fight( plus couldn't afford laywer back then). Well, now there is a big push for a new paved bike path on said property and they started cutting trees actually down the hill on parents property.
So, would county own property since they have used it so long? Canal is man made so it's doesn't qualify as natural. My parents have paid taxes on a full 4 acres since 1971, county had never given them any papers that county owns it, etc or any kind of payment/compensation for property. Mom called records and county records still show they own to the middle, not edge of canal.
Does anyone have any ideas... do they have a case to shut county down even though they have used it for all these years?
Not to mention, parents are in bad health, if we go to sell, issues will arise during surveying.
I think if nothing else, I feel they need re-emburst for taxes from last 26 yrs and some payment for property. I got to do some research on "eniment domain" stuff and regulations on it.

Thanks

InCommando · **Posted:** Fri Feb 05, 2010 6:47 pm

I am not an attorney, which is what it seems that they need. From some experience, though, it looks like the land was taken by Rhodes' declaration. There would have been a 2 year statute of limitations for them to appeal the emminent domain declaration. As to the taxes: you pay taxes on the property that a sidewalk passes through, but you can't do what you want with it. Short of an attorney finding something, the scenario presented would not give me much hope of winning. Good luck.

TAHOE · **Posted:** Fri Feb 05, 2010 6:55 pm

Yeah, i just research eniment domain... county pretty much can take it, but they are "required" by law to pay them compensation for property they take... they never did. With the taxes.... they would be paying on probably at least 1/4-1/2 an acre, not just sidewalk size. They probably ain't got much to stand on... the farmer down the road had 13 acres worth of property taken last year next to a water reservior used to power hydro plant that goes right through their property. Farmer had deed back to 1958 they owned, city pulled a deed from 1965 that they owned it. Went to Ohio supreme court and farmer stilled lost property. Now that I type that out, need to go talk to them.

linewarbr · **Posted:** Fri Feb 05, 2010 6:55 pm

x2. It's time for a lawyer. If it is not a natural waterway, then the governor's proclamation may not apply and eminent domain may be negated - particularly since they are not just using the property, but seeking to develop it.

If you know a lawyer personally, he/ she might be willing to write a letter or enter something into court records at no cost, but you would have to pay them if it gets complicated. At least a property lawyer (like the type that does real estate closings, etc) could give you a clear picture of whether or not it is worth fighting over.

And a little piglet in my neighbor's yard just sprouted wings - I agreed with InCommando on something. . . :roll:

Anyone fought local government over property?

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