08-20-2009, 10:29 AM
Lots of assumptions to be made.
Let's assume that it was a public road in 1892. Let's assume the CoH surrendered it's interest in the road somewhere along the way...or not.
If the CoH was to now take possession of the road will they then owe KBL reimbursement for the improvements and maintenance for a number of decades? Would they have to emminent domain it at market value? That money, divided among the lot owners might help pay for upgraded septic systems.
Voila! County bites itself on the butt.
Let's assume another thing: The CoH documented the private ownership of the road which KBL relied upon for a number of decades. CoH then decides it's positions were lacking in merit. Would that possibly place any large number of CoH private road assumptions into play? Anyone care to examine the originating paperwork for 50,000 lots in private subdivisions?
Let's assume that it was a public road in 1892. Let's assume the CoH surrendered it's interest in the road somewhere along the way...or not.
If the CoH was to now take possession of the road will they then owe KBL reimbursement for the improvements and maintenance for a number of decades? Would they have to emminent domain it at market value? That money, divided among the lot owners might help pay for upgraded septic systems.
Voila! County bites itself on the butt.
Let's assume another thing: The CoH documented the private ownership of the road which KBL relied upon for a number of decades. CoH then decides it's positions were lacking in merit. Would that possibly place any large number of CoH private road assumptions into play? Anyone care to examine the originating paperwork for 50,000 lots in private subdivisions?
Assume the best and ask questions.
Punaweb moderator
Punaweb moderator