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  #1  
Old 11-06-2008, 10:40 PM
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Damage to property questions


What is the name of your state (only U.S. law)? Illinois

We live on a county road outside the city limits (small town pop. 2500). Across the street from us is the city's water treatment plant. The city bought the house and property directly across the street from us to add onto the water treatment plant and install lagoons for the waste products of plant. We tried to fight this construction but failed and construction has begun. We have had damage done to our yard from the construction. The damage was caused by semi's driving into our yard to dump rock. The damage is 30' into the yard and 45' across the yard. We have been promised it will be fixed by the general contractor. It has taken them 2 months to try to fix this problem. I wanted to hire a company to repair the damage. They said no, they would fix it themselves. They didn't level it very well and have planted seed and put straw over the top. Winter is coming and it's too late for the seed to grow. Needless to say I'm not happy with the repair. What recouse do I have? Can a lein be filed on the job until it is repaired to my satisfaction?

Another question. I have a parking spot in my yard, off of the road, that I use for my motorhome and car trailer. It is approximately 3' from the side of the county road. I don't want to move it to keep the construction out of the rest of my yard. The county road commisioner called and would like me to move it. He says it's to "keep the peace" with the project across the street. Can he legally make me move this vehicle that is parked on my property, but in the right of way, which is 20' from the center of the road? The motorhome is 12' from the center of the road at this time. Thanks.
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  #2  
Old 11-07-2008, 02:17 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 71,453
Quote:
Originally Posted by probrd View Post
What is the name of your state (only U.S. law)? Illinois

We live on a county road outside the city limits (small town pop. 2500). Across the street from us is the city's water treatment plant. The city bought the house and property directly across the street from us to add onto the water treatment plant and install lagoons for the waste products of plant. We tried to fight this construction but failed and construction has begun. We have had damage done to our yard from the construction. The damage was caused by semi's driving into our yard to dump rock. The damage is 30' into the yard and 45' across the yard. We have been promised it will be fixed by the general contractor. It has taken them 2 months to try to fix this problem. I wanted to hire a company to repair the damage. They said no, they would fix it themselves. They didn't level it very well and have planted seed and put straw over the top. Winter is coming and it's too late for the seed to grow. Needless to say I'm not happy with the repair. What recouse do I have? Can a lein be filed on the job until it is repaired to my satisfaction?


**A: no, you have no lien rights.


########

Another question. I have a parking spot in my yard, off of the road, that I use for my motorhome and car trailer. It is approximately 3' from the side of the county road. I don't want to move it to keep the construction out of the rest of my yard. The county road commisioner called and would like me to move it. He says it's to "keep the peace" with the project across the street. Can he legally make me move this vehicle that is parked on my property, but in the right of way, which is 20' from the center of the road? The motorhome is 12' from the center of the road at this time. Thanks.


**A: yes.....
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  #3  
Old 11-16-2008, 11:42 PM
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Join Date: Nov 2008
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Wasn't sure who to call on having to move the motorhome, so I called the county Sheriff. He told me that if it isn't parked so that it is hanging into the road, blocking the view of traffic, or at an intersection, there is no reason it can't stay where it is at. It is legally parked. So for now unless the sherrif tells me to move it, it will say where it is at to keep any further damage to a minimum. I'm sure the road commisioner has talked to the Sherrif about this. It's been a couple of weeks and haven't heard a word back from him.
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Old 11-19-2008, 11:02 AM
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Join Date: May 2000
Location: Catatonic State
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Quote:
Originally Posted by probrd View Post
Wasn't sure who to call on having to move the motorhome, so I called the county Sheriff. He told me that if it isn't parked so that it is hanging into the road, blocking the view of traffic, or at an intersection, there is no reason it can't stay where it is at. It is legally parked. So for now unless the sherrif tells me to move it, it will say where it is at to keep any further damage to a minimum. I'm sure the road commisioner has talked to the Sherrif about this. It's been a couple of weeks and haven't heard a word back from him.
**A: ok, good luck.
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