[TowerTalk] Neighbors "rights"

[brewerj at squared.com]

>>He/she has *no* right to move into a house, where a neighbor may legally
>>erect a tower (or a junkyard, OR a steel mill) and then try and
>>stop said neighbor from exercising THEIR rights in doing whatever they
>>damn well please that's legal to do on their property.

>Sorry, but that's not true.  Think about it for a moment:  Every
>zoning ordinance or regulation now in effect (not just antennas) was
>at one time nonexistent.  All of them were enacted after the fact, so
>to speak, and they did indeed outlaw something that previously had
>been legal.


You're making my point.

If I as a ham, buy a house with the knowledge that towers are not prohibitied,
and you as a neighbor move in next door, with the knowledge that towers are
not prohibited (we both signed off on the closing papers where restrictive
covenents were reviewed, right?), then you have no complaint to make about
my towers, when I subsequently exercise the use of my property subject to
the restrictions placed on them when I purchased the house.

Obviously, if zoning changes took place in the interim, a different situation
is being posed, but that wasn't the situation being discussed.

> Making such a change is itself legal, whether we like it
> or not.

But they're not generally retroactive....if my tower was erected in accordance
with all permits and regulations in effect at the time of installation, you're
going to have a hard time telling me it's now illegal after the fact!


>>If an individual doesn't agree with the neighbor exercising his right
>>to do whatever's legal on their property, that individual has two
>>choices... either move, or accept the tower (junkyard, steel mill).

>Actually there is a third choice:  Work to get the rule/law/ordinance
>changed.

What rule/law/ordinance? Re-read the sentence above:

"If an individual doesn't agree with the neighbor exercising his right
to do whatever's legal on their property".

The discussion is over a perfectly legal use of ones property... that *is* the crux of this
discussion.

73
John K5MO

John K5MO

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73, Bill W7TI