Is there a lawyer in the house...

Pinwheel (Doug) · #1 07-03-2014, 05:55 PM

Hi gang, sort of sad news here....could be good too! Over the years I've bragged about my 20 acre dark sky property. Well we have been contacted by a company wanting the paddock next door for grain storage & I am the only resident that could stop the project. There interested in moving me on telescope and all. If they go ahead, I'll loose my Dark nights due to massively bright lighting plus dust, chemicals, mice & loss of the southern parts of the night sky. If I sell I part with 20 acres, a 14sq house, 5 large sheds & a barn. I don't know what to do....

This is what a grain bunker is-

https://www.google.com.au/search?q=g...w=1366&bih=621

strongmanmike (Michael) · #2 07-03-2014, 06:01 PM

How far, in a straight line, would any structure/light be from your observatory?

The dust would be a potential nightmare, you are right...meah..fight it with everything you have I say!

Mike

Pinwheel (Doug) · #3 07-03-2014, 06:07 PM

Quote:

Originally Posted by strongmanmike

How far, in a straight line, would any structure/light be from your observatory?

The dust would be a potential nightmare, you are right...meah..fight it with everything you have I say!

Mike

So far the boundary will be it because they want the high ground. Very concerned right now!

Astro_Bot · #4 07-03-2014, 06:08 PM

Like most suspect remarks, this one begins with the usual, "I'm not a lawyer, but ..."

In this economy, with this governement, and being the only resident able to stop it .... trying to fight it would be futile and pointlessly stressful, IMHO.

Do you have to sell on the open market after the development announcement? You poor bugger.

Will the developer buy your property or pay compensation? Could be alright, but get a lawyer.

Pinwheel (Doug) · #5 07-03-2014, 06:13 PM

Quote:

Originally Posted by Astro_Bot

Like most suspect remarks, this one begins with the usual, "I'm not a lawyer, but ..."

In this economy, with this governement, and being the only resident able to stop it .... trying to fight it would be futile and pointlessly stressful, IMHO.

Do you have to sell on the open market after the development announcement? You poor bugger.

Will the developer buy your property or pay compensation? Could be alright, but get a lawyer.

So far they are open to buy me out for a reasonable price. However, I've had a call from the council already & they want the project to succeed for local employment etc. So I'm screwed............

Astro_Bot · #6 07-03-2014, 06:18 PM

Quote:

Originally Posted by Pinwheel

However, I've had a call from the council already & they want the project to succeed for local employment etc. So I'm screwed............

That's what I figured. IMHO, you won't find an ally anywhere in the current environment if there are jobs involved.

Pinwheel (Doug) · #7 07-03-2014, 06:24 PM

Quote:

Originally Posted by Astro_Bot

That's what I figured. IMHO, you won't find an ally anywhere in the current environment if there are jobs involved.

So, I figure if the council wants it to go through let them buy me out, Top Dollar.

sheeny (Al) · #8 07-03-2014, 06:28 PM

I think I agree with what's already been said... you are probably better off selling to them but you need to make sure you get a reasonable price. Good luck with the negotiations!

Al.

gregbradley · #9 07-03-2014, 06:37 PM

Think of the brown snakes it will attract - they eat mice.

I'd sell to them and move somewhere else - its a big country and lots of great properties around. Unless it has some sentimental attachment to you.

Greg.

Pinwheel (Doug) · #10 07-03-2014, 06:38 PM

Quote:

Originally Posted by sheeny

I think I agree with what's already been said... you are probably better off selling to them but you need to make sure you get a reasonable price. Good luck with the negotiations!

Al.

Thank's Sheeny,
So far the head honcho I've spoken to is reasonable, open to discussions but claims limited budget. I'm having a meeting here next week to discuss & come to some agreement. I'm not personally against the project other than it impacts on my life, my hobby, my property, my live stock, my wife's emotional state. we are prepared to move to darker skies, but can I find it with the compensation when offered.

Profiler (Profiler) · #11 07-03-2014, 06:45 PM

Well we have been contacted by a company wanting the paddock next door for grain storage & I am the only resident that could stop the project. There interested in moving me on telescope and all. If they go ahead,

Okay - Sifting through the verbage - first important issues that needs to be clarified

"who" or "what" have contacted you?

Specifically: what you describe as the "company" is it

1) A branch of government (local, state, federal etc) indicating they are commencing compulsory acquisition proceedings - or

2) A private interest/concern - ie an individual or company/business of some type/size

Pinwheel (Doug) · #12 07-03-2014, 06:46 PM

Quote:

Originally Posted by gregbradley

Think of the brown snakes it will attract - they eat mice.

I'd sell to them and move somewhere else - its a big country and lots of great properties around. Unless it has some sentimental attachment to you.

Greg.

Brown snakes....:lol we have them here anyway, total pussies. Bolt when you are 10 meters from them. Our cat kills them all the time & he's 7 years old. Deadly yes, get bitten....after a Tatts win & a lightning strike..maybe! But yes, I take your point. I'm more concerned about the poison control & the ANTI-FUNGAL spray they use on the stored gain that goes into your lunch bread or roll.

Pinwheel (Doug) · #13 07-03-2014, 06:48 PM

"who" or "what" have contacted you?

Specifically: what you describe as the "company" is it

1) A branch of government (local, state, federal etc) indicating they are commencing compulsory acquisition proceedings - or

2) A private interest/concern - ie an individual or company/business of some type/size[/QUOTE]

BOTH, first the Private interest & later the local Shire. I've been told the Mayor will be calling soon.

casstony · #14 07-03-2014, 06:52 PM

I'd be hiring a lawyer and using the prospect of legal action to lever a higher sale price for your property.

Profiler (Profiler) · #15 07-03-2014, 06:56 PM

You need to discuss this matter asap with a solicitor whom you have formally engaged to advise you and act on your behalf.

If you live in a rural/small area it may also be prudent to engage a solicitor/law firm which is external to the region of this mayor/shire.

Pinwheel (Doug) · #16 07-03-2014, 07:02 PM

Quote:

Originally Posted by casstony

I'd be hiring a lawyer and using the prospect of legal action to lever a higher sale price for your property.

I agree..., But I can't pay that kind of money upfront & we will have to take the whole towns anger & wrath If I cause, the total loss of the project & the future employment prospect for others.

Logieberra (Logan) · #17 07-03-2014, 07:04 PM

For an issue this serious, I highly recommend that you seek out specialist legal advice.

Your home. The health and wellbeing of your wife. Your quiet, peaceful enjoyment of your land. These are big things!

Also, if you do sell, they can negotiate on your behalf to ensure just compensation.

Kunama · #18 07-03-2014, 07:05 PM

Quote:

Originally Posted by Profiler

You need to discuss this matter asap with a solicitor whom you have formally engaged to advise you and act on your behalf.

If you live in a rural/small area it may also be prudent to engage a solicitor/law firm which is external to the region of this mayor/shire.

WHat he said !!!

Pinwheel (Doug) · #19 07-03-2014, 07:05 PM

Quote:

Originally Posted by Profiler

You need to discuss this matter asap with a solicitor whom you have formally engaged to advise you and act on your behalf.

If you live in a rural/small area it may also be prudent to engage a solicitor/law firm which is external to the region of this mayor/shire.

As I said below, Yes it's a small region and everyone is married or related. Your point is more than noted. I'm discussing this here as most are morons & would never look here.

casstony · #20 07-03-2014, 07:07 PM

Something to keep in mind when dealing with council representatives and company executives is that these types of people can be very smooth talking and place a lot of pressure on you to do agree to things that are not in your best interest - they are often skilled at managing/persuading people because they need to be in their profession.
No matter what they say to you never agree to or sign anything without running it past your legal representation first, or at the very least give yourself time to think it over and talk to friends who are not subject to the same pressures that you face.