My Rant, Need Advice, City Trespassed and Damaged my Property.

[ultrarunner]

Went to check the battery in my tractor behind my house and found the chain barrier at the street had been cut, several large Oak Tree Limbs cut and ruts with sacks of gravel where a very large truck got stuck.

The chain has been there since 1977 without incident and no one but my family has ever had a vehicle on my 17 acres adjoining my home. Come to find out from a neighbor that a city Sewer Maintenance Crew had been working on my land all day yesterday.

It is ironic that I had to inventory and map every Oak tree above 4" in diameter at breast height on my 17 acres to ensure that no harm comes to the Oaks when I operate my tractor and yet, the city can come unannounced and start cutting trees and leave the debris on the side of my private road.

The city has no easement or right to enter my private road... without a bonafide emergency. There is a main city sewer serving several 100 homes with easement access from neighboring parcels. Apparently the foreman thought the terrain was to steep on the deeded right of way and decided to try to bring his equipment in on my nicely maintained tractor road.

Everyone has told me to calm down and some have remarked that I should just forget it... you can't fight city hall and what do I expect... the city to buy me a new chain and plant some trees?

What idiot cuts a chain in the middle of the chain. It would have been at least more reasonable it the city would have cut the last link and left me with a usable chain.

I apologize for my Rant, but I an really ticked about this. Has anyone had a similar issue with city employees trespassing and doing damage?

 

[Egon]

Best write a letter to whoever is in charge of the city works department and explain your situation.

Also take some pictures with a person in them so you have a record of what was done.

 

[inveresk]

Do you have a councilman that could take this up with the appropriate department on your behalf? He might help you to seek compensation at least to reinstate the damage done. Might also be advisable to take some photographs so you have a record of the damage.

Chances are this mischief was done by a private contractor who the city department think is doing a good job. If they find out what he's really up to they can review their working arrangements with him and perhaps they can contracharge him for the damage done to your property when he bills them for the work he was appointed to undertake.

 

[Tig]

Ontario Hydro, our electric company had a similar episode at my brother in laws place. They were very good in fessing up and making it right. Call them and calmly tell them your not happy. Egon's idea about a letter and pictures is good.

 

[HomeBrew2]

... city ...

There's your problem.

 

[MikePA]

Don't jump to conslusions about who did it and why nor to the conclusion it was 'the city'. How does your neighbor know it was the city Sewer Maintenance Crew? Or does he just know it was people in 'official looking' trucks? The only facts you know for certain is what damage was done. Also keep in mind that for all you know, they will be back today to repair the damage.

I agree with egon. Document what was done in words and pictures and send it all to the appropriate people in city government, including the mayor. Just the facts, no emotion and don't try to guess why they did it. All the right people in the To: list and your attorney in the cc: list. Conclude the letter by asking to be made whole again, i.e., your property returned to what it looked like before the damage. It would help if you had some 'before' pictures.

 

[Farmwithjunk]

ALL the advice so far is spot on. Give them the option of doing what's right. If that fails, take it to the next level. (lawyer? Call a TV station?) If they aren't co-operative, don't let them tell you what they'd like to do. Tell them "how it is". You want no more OR NO LESS than what you had before they tresspassed on your property. Be nice, but be FIRM in your demands. They did the damage, not you. No reason why you should have to lift a finger.

My place is at the end of a dead end road. (and we LOVE it that way) Problem is, everyone turns around in our driveway. That includes electric company trucks, who've mowed over my mailbox on THREE seperate occasions in the last 16 months. All 3 times it was private contractors employed by our utility company. All 3 times the driver stuck his head out the truck window to see what he'd hit, then TRIED to leave. (My wife actually ran out and jumped on the running board of a moving truck )All 3 times either the Mrs. or I saw what happened and stopped the driver. In all 3 cases, they wanted to leave without fixing the mailbox. All 3 cases they didn't leave until it was fixed (at the promise of filing "leaving the scene" charges) Each time they tried to explain how they'd send out an engineer to do a "damage study", contact a contractor to repair the damage, and MAIL me an insurance form to cover any further damages. ("How can you MAIL it to me? My mailbox is 30 feet from where it SHOULD be, and laying under a bush"?)

 

[Podunkadunk]

Ultrarunner,
Let me get this right:

-City Trespasses on your property (no easement) to do puported sewer work (because access is easier from your property, vice where they have an easement from).
-City cuts your chain
-City damages trees you have planted
-City leaves a mess on your property (ruts and empty gravel sacks)
-City leaves and doesn't even leave you a note

I would do as these guys mentioned. Be sure and not touch a thing (at least don't clean anything up). Take a ton of pictures of everything, ruts, limbs, chain, tree damage. I'd then find the address to my city/county commissioner for my district and send them to him certified mail, also mentioning what I want fixed and HOW.

I'd put a timetable on hearing back from them on the resolution (be somewhat lenient in the timetable)...remember, you are dealing with bureaucracy and most of them are there for the power and paycheck.

If you don't hear something by the date on your letter, consult a lawyer.

It sounds to me like it's a case of mistaken easement. They did everything like they would have if they had had an easement. If they have an easement and you chain it up (not the case, here I know), they would have cut the chain and were probably pissed off.

I think you'll have no problem getting this taken care of. The city won't want a lawsuit against them for which they are knowingly in the wrong.

Let us know what happens.

Podunk

 

[N80]

I would document, with photos, as recommended, but I'd also get reasonable prices and estimates for putting things right, including an entire length of chain. You might also do a little research into the fine print regarding easements and right of ways. However, that really isn't the issue. The damage is the issue. And in that regard, if the 'city' has such strict laws about the trees in your area, they probably have associated penalties. In other words, in some areas around here, if you cut or damage a tree you have to make this or that reparation. It would be worth knowing what those measures are and apply them to the damage done to your trees. If there are laws protecting the trees they should apply to everyone, not just those of us who try to follow the law.

 

[MikePA]

also mentioning what I want fixed and HOW.

Why tell them HOW? That's their problem. Simply tell them you want it returned to the way it looked.