[Awapuhi108]

Along a scenic dr along a river. City owns the property and trees along this stretch and private owners cannot own this land They can have riparian rights and some do

Private family which does not live along the river but on a side street off the river and least 3 houses west... have put a display of garden gnomes, under this beautiful old, windswept, gnarled oak tree (part of the scenic drive) They have attached a big sign to the tree making it look like a mess. They have also posted threatening signs warning of video surveillance of the display and picture taking of the public.

This display is supposed to be to entertain children but there are next to none in that neighborhood. After these folks started putting this junk under and on the tree they got permission from the City to display it there for a while.

But the city has made them scale it down since.

My question would be if their private property is on the city land, is it still private property and what right do they have to mess up the scenic view? I believe the city let them do this figuring no one would say anything as the man of the couple is quite irascible and is easier to placate him than to have him in city hall every day bothering the city fathers.

That display has been there for 3 or 4 years and the neighbors and a lot of the public is just plain sick of looking at it. The neighbors don't say anything though for they don't want to get this man against them. That is why I am asking. We are trying to get enough opinions to seed redress from the city and get the city to make these people take this stuff off a beautiful drive along a scenic river and put it in their own yard.

[JudyKayTee]

My feeling is that it's their property to do with as they wish as long as they aren't blocking anyone's view (important in some areas) or trespassing on anyone else's property.

I have a neighbor who puts up a Christmas display that would burn your eyeballs out. It's his property.

[Awapuhi108]

Please experts This is not private property as if you put a display in your yard.
This is land belonging to the City/ergo the public/public land that has also been deemed a scenic drive. This drive is all along the eastern shore of a river with views of the river, boats and is adjacent to a city parkto the north. No private land in this stretch
Speed limit is 25mph.

The couple who put this junky display on the river's edge site under the beautiful tree does not live along the river. They have no private rights to the property.

[JudyKayTee]

If this is not on private property but is on City property, then petition the City to remove it. From a liability standpoint it sounds like an attractive nuisance to children. If the City already approved (but scaled it down once), get a petition together and ask that it be removed.

Is that your question?

[ScottGem]

You have really answered your own question. Obviously, the municipality doesn't want to deal with the person who set up thid display. So you need to present them with more and angrier people to deal with. Get up a petititon and get signatures, then present it to the legal representative for that district or the mayor or Dept of Parks commissioner, etc. If they still do not remove or force the removal of the display, then go to court.

Sample Petition:

We the undersigned, being residents of <insert city name> do hereby object to the private use of public lands by <insert family name>. We feel that the display erected on public land alongside <insert name of river> near <insert name of cross street> is an eyesore and spoils the natural scenery. We also feel it serves no practical purpose. Therefore we petition that it be removed immediately.

Go door to door to the residents along the road and in the neighborhood. Set up a stand on the road and ask passerby who are residents of the city to sign. Make sure you get name and street address of all signators (phone numbers would be helpful, but people may not want to give it, same for e-mail addresses).

When you get enough signatures take it to one of the officials mentioned.

[Awapuhi108]

Thank you so much experts.

A letter very much as y'all suggested has gone to all the City officials asking that the permission for private display on public land/sceneic drive be removed.
It was backed up with pictures of the tacky display.

If that does not work We will ttry the petition
Suggestion. All answers were helpful and the petition will read almost verbatim as suggested.