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Just for the hell of it |
Without knowing the entire story I can believe Comcast tried to pull some crap with this guy. They flat out lied to me more than once. Started doing the online chat when I was having issues so I would have a copy of what was said. This still lied. When I pointed it out by showing them the previous statement they didn't care. Not totally happy with FIOS but at least they have been honest with me. _____________________________________ Because in the end, you won’t remember the time you spent working in the office or mowing your lawn. Climb that goddamn mountain. Jack Kerouac | |||
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Fighting the good fight |
Article says:
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Objectively Reasonable |
Word-weaselry. They can "access valid rights of way and easements." They don't actually claim they HAVE such an easement on this property. | |||
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Fighting the good fight |
It's going to come down to the language of the easement and the language in Comcast's contract with the city. None of which is detailed in the 9 sentences of the article. | |||
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I believe in the principle of Due Process |
Maybe, but in those cases, that was planned from the start, appropriate easements were reserved in conveyances and everything is in order. I recall when San Diego was being outfitted for cable, the older neighborhoods were sometimes able to be done that way, and sometimes, the street was used, even when other utilities were overhead. One of my homes was ble to go on cable when the main line came up the street. Luckily, I have enough willpower to control the driving ambition that rages within me. When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson "Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown | |||
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Member |
I'll admit I just scanned the thread. So please forgive if this is already covered. Maybe Cumcast should remind their employees AND contractors that represent them to be polite and professional. Seems like this is what set the guy off and cost them a lot of $. ___________________________________Sigforum - port in the fake news storm.____________Be kind to the Homeless. A lot of us are one bad decision away from there. | |||
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Member |
The natural gas company ran a line that was on my brothers street front property. He has 5 acres and IIRC 300' front. The gas company paid him $10,000. Living the Dream | |||
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Drill Here, Drill Now |
Outside of eminent domain, the easement is the only piece of paper that matters for negotiations and the courts. Comcast's contract with the city will matter for eminent domain condemnation. Ego is the anesthesia that deadens the pain of stupidity DISCLAIMER: These are the author's own personal views and do not represent the views of the author's employer. | |||
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Drill Here, Drill Now |
Good point on the contractor angle. One of the things not discussed so far is was it really Comcast who originally pissed of the homeowner? These fiber optic projects are notorious for 3 or more layers of contracts between the boots on the ground and the fiber optic cable owner. Ego is the anesthesia that deadens the pain of stupidity DISCLAIMER: These are the author's own personal views and do not represent the views of the author's employer. | |||
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Cruising the Highway to Hell |
I got in a similar battle with Verizon and Their Fios service about 15 years ago. They claimed they had rights to an easement but their drawings didn’t match what was in my drawings from surveys. Their drawings also didn’t match what the county had. They refused to pay me and I refused to let them put a Fiberspan box on my property. It delayed their project 14 months and cost them over a million to move fiber that had already been buried. There is probably way more to this than the article states. “Government exists to protect us from each other. Where government has gone beyond its limits is in deciding to protect us from ourselves.” ― Ronald Reagan Retired old fart | |||
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Tinker Sailor Soldier Pie |
There always is. ~Alan Acta Non Verba NRA Life Member (Patron) God, Family, Guns, Country Men will fight and die to protect women... because women protect everything else. ~Andrew Klavan | |||
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Member |
I've had several nasty dealings with Comcast. I'll side with the home owner. ********* "Some people are alive today because it's against the law to kill them". | |||
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Move Up or Move Over |
headline should read Comcast refuses to pay to reroute line. You KNOW if they had all of their ducks in a row they would already be digging the trench. Since they don't they have to figure out how to grease the right palms to get things moving. Don't even get me started on condemning land to create easements. I love the way cities and counties create easements that make that part of land less valuable and still charge full property taxes | |||
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Not really from Vienna |
My sentiments exactly | |||
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Member |
Our congress critters generally draft laws that truly aren't fully thought out. Thus the courts have to step in and figure out what the heck they meant. But the one area that history, precedent and actual statue left us in pretty good shape is land law. The article is simply lacking specificity. If they have an easement they can easily enforce it. If they don't have an easement nothing can make this guy move. Now money is sometimes able to overcome that for sure. Not enough facts here to have an opinion on the merits. “So in war, the way is to avoid what is strong, and strike at what is weak.” | |||
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Member |
It looks way nicer, improves property values, reduces the chances of outages and require significantly less maintenance and repair. | |||
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Member |
[/QUOTE] Having worked on these types of projects, sounds like Comcast may not have an actual easement. Which will be an issue for them and the city. I have actually advised clients that the "franchise agreement" they held was not an easement! Now, on the other hand, if there is a utility easement in the same area, easy enough to piggy back it. Simple agreement with the utility that owns it. Quick look at the person's survey and title work answers the question. | |||
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Member |
My thoughts as well. | |||
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Eating elephants one bite at a time |
Having a OH easement doesn't guarantee a UG one. [slight drift]
I often see/hear the arguest that going UG reduced outages and has lower maintenance and repair instances. Most forget that it is OH somewhere to feed the UG so it is still susceptible to failure if the OH fails. Being UG, it is more likely to be damaged by Joe home or business owner who fails to call in a dig request. Locating issues where cabling has failed also presents a higher challenge. If UG was as great as everyone thinks it is, it would all be UG. Anything is only as strong as the weakest link. Dig in to how fragile the electrical grid is and then consider how dependant on electricity we have become. [/slight drift] | |||
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Purveyor of Death and Destruction |
Comcast tried that easement crap years ago. My complaint was they left every backyard gate open on my block. They said all the equipment on the out side of my house was theirs to do as they please. Same with my land. The conversation ended with me saying things I probably shouldn't and them threatening to call the sheriff for making terrorist threats. Nothing ever happened on it and I found out years later there was a note on my account to notify me before doing anything on my property. That was all I wanted to begin with. They had to be a-holes about it and turn it into a bigger deal than it was. | |||
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