Wanting an end to an activity of illegal "taking" by Butler County officials.
To the Gazette:
The purpose of this letter is to bring awareness of, and hopefully, an end to an activity of illegal "taking" by Butler County officials.
Earlier this year my husband Daniel and I were required to request a Homestead Lot Split though the Planning Commission of Butler County in order to finance a home. Goedecke Surveying, LLC performed the required survey to separate ten acres of land for the home in this "ag-80" zoned area. The location is 8787 SW 170th. The county has no current plans for developments of this road or any development in the area. The original County Commission Case number is PL-13-08, April 2,2013.
Review of the obtained survey documents indicated an additional 20 feet of road right of way was marked out of our land. We questioned the surveyor, Gerald E. Dixon, who informed us that this taking an additional 20 feet was required "as a condition" of any survey performed for a financing requirement (land sale, lot splits, etc.) and that it had been "policy" for approximately 10 years.
This is an outrage on several points. We have not signed the papers to “give” our land to the county government and request your assistance based on the following:
• Taking of private property for public use in one of the protections of the “taking” clause of the Fifth Amendment to the U.S. Constitution.
• There has been no legal process of Eminent Domain.
• If the process of Eminent Domain does take this land from us, we must be compensated.
Daniel did attend a meeting of the Butler County Commission subsequent to the Planning Committee meeting mentioned above, to contest this practice. Although there was some discussion which was sympathetic to our cause, the Commission decided that it would be too much trouble to correct the practice at this point due to the number of properties which have been affected by the policy of taking since its inception.
This too, is an outrage – continue doing the wrong thing because it’s easier?
Our project has been delayed due to our refusal to “give” our land to a county government acting beyond the means of the State and Federal Constitutions.
Your assistance with this matter would be greatly appreciated.
Nancy E. Bacon
Rural Butler County