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Takings, COE and me

  • Thread starter Thread starter wildlifer
  • Start date Start date

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wildlifer

Guest
I live in a rural subdivision which abuts property owned by the Corp of Engineers on the Arkansas River above Keystone Lake in Oklahoma. The original covenent (circa 1960s) has expired. The roads in the subdivision are the responsibility of the property owners in the division. Neither Pawnee County nor the Corp will take any responsibility for the roads. This creates a problem because one of the roads accesses the river, which is visited by the public for fishing, trash dumping and local teen beer parties, and creates wear and tear on our roads (dirt and gravel) which we must maintain, not to mention the part that accesses the river is in poor shape and eroding. I have been told by the Corp it "would be a problem" close the access road to the river as the road is old enough to fall under "implied consent" and it would be best to let it "erode away." The erosion adds to the sediment levels of the lake which I am trying to avoid. However the road is on property owned by my neighbor who joins me in wanting it closed for all the above stated reasons. She gave permission for the road to be there but did not give up her rights to the property. Isn't this considered a "takings?" She's being denied the use of her property. What would my liability be if I took it upon myself to close the road? Are there any other avenues for a poor white boy?

[Edited by wildlifer on 02-21-2001 at 08:59 PM]
 


HomeGuru

Senior Member
To be considered a taking the property must be either taken away from an owner or its use restricted. Your case does not fall under the rule. Close the road but maintain it to a level it does not cause damage to the river.
 

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