Greetings,
Thank you very much for the response to help the South Dakota amateurs out
with some data in regards to the question, if amateur towers are sold as
part of the real estate sale when an amateur moves or are they moved?
Here are the results:
So far I have received returns from 26 amateurs
80 real estate sales and moves were reported by these 26 amateurs and in
all cases they moved all of their towers!!!! Not once did they remain and
become a part of the real estate sale.
One ham left a power pole that he had never used and one ham left a small
tower with a TV antenna on it.
NO HAMS REPORTED LEAVING THEIR TOWERS and several mentioned removal of
their towers were a written condition of the closing agreement.
Twenty two of the moves were multiple tower moves.
None of these amateurs were aware that their towers were ever taxed at any
location!
In South Dakota the real property law is quite clear that the major factor
if something becomes real property vs. personal property is if it is
permanently located on the property and becomes a part of the real estate.
The law specifically defines the term "REQUIRED TO BE PERMANENTLY LOCATED"
as meaning its economic life and not perpetuity. Therefore proof that
towers are not permanently located and sold with the real estate but rather
are temporary and go with the amateur should be valuable to our case.
73, Ed-W0SD
Ed Gray
Rt. 2, Box 151
Salem, SD 57058-9110 USA
w0sd@rapidnet.com
http://www.rapidnet.com/~w0sd
605 425 2242 office
605 425 2787 office
605 425 3144 office FAX
605 425 2354 home
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