[mr.yet]

My local county government latest political theft and use of blackmail to obtain private property:
CECIL COUNTY COMMISSIONER


For those who don’t know of the last political thief of private property in the county, Cecil county new regulation which requires a property owner to DEED to the Cecil County Commissioners a Maryland body politic 30 feet of land under to guise of road widening easement.

The land owner receives no compensation for the DEED of land to the county commissioner, which is a clear violation of the Bill of Rights

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Under the Planning and zoning web site see this: Road Widening Dedication & Easement forms (.pdf) - for minor subdivisions (updated on May 23, 2007)


Political blackmail to steal property from tax paying citizens for that person to obtain a subdivision of their private property. Please read the enclosed copies of the cecil county commissioner deed and deed of easement. Political blackmail and theft , against private property owners.

What has this county becomes?

NO COMPENSATION AND A ONE SIDED CONTRACT.

DEED
THIS DEED made and delivered this _____ day of ________________, 20___
By and between _____________________________________, GRANTOR, and THE
BOARD OF COUNTY COMMISSIONERS OF CECIL COUNTY, a Maryland body
Politic, GRANTEE.
WHEREAS, Grantor is in the process of subdividing the property of Grantor
Pursuant to the Zoning Code and Subdivision Regulations of Cecil County.
WHEREAS, in order to obtain approval for said subdivision, Cecil County has
Required that certain property be dedicated to the County along the road frontage of the
Property for the purpose of widening the existing county road and/or providing for
Stormwater management and/or utilities within said area.
NOW, THEREFORE, in consideration of the above, and of the approval of the
subdivision of the Grantor of the property of the Grantor of which this property is a
portion, Grantor hereby grants and conveys unto Grantee, The Board of County
Commissioners of Cecil County, in fee simple, that property shown on the subdivision
plat of Grantor entitled
__________________________________________________ ____________________
__________________________________________, which plat or plats is recorded
Among the Land Records of Cecil County in Plat Cabinet P.C. NO. _____, folio ______
Designated on said plats as _______________________________________________
BEING part of the property conveyed unto the Grantor by deed of
__________________________________________________ __________ dated the
_____ day of _____________, __________, and recorded among the Land Records of
Cecil County in Liber ____________, folio ____________.
TOGETHER WITH all the rights, ways, privileges, appurtenances and
Advantages thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD the above granted and hereby conveyed parcel of land
Unto the Board of County Commissioners of Cecil County, a Maryland body politic, its
Successors and assigns, forever, in fee simple, to be used as a public street, and for
Installation and maintenance of stormwater management facilities and of private and
Public utilities.
AND the said Grantor hereby covenants that it has not done or suffered to be
done any act, matter or thing whatsoever to encumber the property hereby conveyed;
that it will warrant specially the property hereby conveyed and agrees to execute such
other and further assurances of same as from time to time may be requisite.
AS WITNESS the hand and seal of the above Grantor.
_____________________________ ________________________ (SEAL)
EASEMENT
THIS DEED OF EASEMENT made this ____ day of ________________, 20__,
By and between _________________________________, GRANTOR, and THE
BOARD OF COUNTY COMMISSIONERS OF CECIL COUNTY, a Maryland body
Politic, GRANTEE.
WHEREAS, Grantors are the owners in fee simple of all that lot or parcel of land
Shown on a subdivision plat entitled “___________________________________”, as
Recorded among the Land Records of Cecil County in Plat Cabinet P.C. No. _____, folio
________, and as evidenced by a Deed recorded among the Land Records of Cecil
County in Liber ______________, folio _________; and
WHEREAS, as a condition of approval of the above subdivision, and pursuant to
The Cecil County Zoning Code and Subdivision Regulations, Grantor has been required
To grant unto the Grantee a road widening and utility easement, a 30 feet in width, upon,
Over, across and under Grantor’s above property as shown on said plat adjoining and
Running with the County public roads, shown on the above plat as (road widening and
Utility easement) for the purposes of constructing, make improvements to, widening and
Repairing Cecil County public roads as shown on such plat and any other public road,
Now or in the future, previously dedicated or intended to be dedicated to the County;
And laying, repairing and maintaining of water, sewage, gas, storm drainage mains,
Storm drainage improvements, stormwater ditches, and other public utility lines, pipes
And improvements; and the installation of electric, cable, telephone, and other public
Utility wires and improvements.
NOW, THEREFORE, in consideration of the above and of the approval of the
above subdivision, Grantors do hereby grant and convey unto the Board of County
Commissioners of Cecil County, Grantee, its successors and assigns, the aforesaid
road widening and utility easement, 30 feet in width, upon, over, across, and underGrantor’s above property as shown on the aforesaid plat adjoining and running with
County public roads as shown on said plat for the purposes herein stated. Grantee
Agrees that, if said easement is to be used, and, as a result of said use, any
Improvements on said property of Grantor such as fences or portions of buildings are
Located on said easement, Grantor shall move said improvements to a location on the
Adjacent property in proximity to the previous location of said improvements at the
Sole expense of Grantee. Grantor hereby grants Grantee the right to move such
improvements and waives any other claim for damages or remuneration as a result of
the movement of said improvements._____________________________ ________________________ (SEAL)

[mr.yet]

Nor does this Deed and Deed of Easement grant a right-of- way to the subdivided property, thus making the parcel land locked.

[BABRAM]

"Cecil County has required that certain property be dedicated to the County along the road frontage of theproperty for the purpose of widening the existing county road and/or providing for stormwater management and/or utilities within said area."


That deed reads way too be busy and perhaps was written as such purposely. I'd definitely have to have my attorney read it thoroughly. I've seen the utilities need used as an requirement before. In fact it happened to almost every populated area that has continued growth. It will continue as long as the county grows and annexes more land. Besides reduction in lot size or what was once private ownership, I'm sure the county is thinking up a juicy tax plan for the future.


Bobby

[Fr_Chuck]

And what happens if you refuse to sign it ? Are owners planning a group law suit against the county ?

[LisaB4657]

I'm sorry but this doesn't appear to be anything unusual. In most urban and suburban areas the zoning requires that the municipality or the county have a minimum of 10 ft. right of way (usually more) for future road widening and utility purposes. In rural areas it is not common because there usually isn't as much of a need and often those roads are private anyway.

The easement isn't a taking because it's merely granting permission for access for utilities, etc. The property owner will still have the use of the property. They just can't put permanent improvements on it.

I'm not exactly clear about the deed issue, though. Is the county requiring that you transfer 30 ft. of property to them outright? For road-widening purposes? If that's the case then it looks like they are making that a condition of approving the subdivision. That's a little more problematic. There should be some form of compensation for an outright transfer.

Is this a deed or a deed of easement? Or both? A deed is an outright transfer. A deed of easement is merely a granting of a right of way and isn't at all unusual. If they are requiring an outright transfer then there shouldn't be a need for an easement as well.

And by the way, your property will not be landlocked. By making a transfer to the county you are making it public property, which automatically gives you access.

[tomder55]

There is an easement on my front property that goes right up to my front steps. That's just the way it is . I signed the deed when I brought the property knowing full well there was a possibility that some day I could walk out of my front door directly onto the street.

[mr.yet]

I'm sorry but this doesn't appear to be anything unusual. In most urban and suburban areas the zoning requires that the municipality or the county have a minimum of 10 ft. right of way (usually more) for future road widening and utility purposes. In rural areas it is not common because there usually isn't as much of a need and often those roads are private anyway.

The easement isn't a taking because it's merely granting permission for access for utilities, etc. The property owner will still have the use of the property. They just can't put permanent improvements on it.

I'm not exactly clear about the deed issue, though. Is the county requiring that you transfer 30 ft. of property to them outright? For road-widening purposes? If that's the case then it looks like they are making that a condition of approving the subdivision. That's a little more problematic. There should be some form of compensation for an outright transfer.



Is this a deed or a deed of easement? Or both? A deed is an outright transfer. A deed of easement is merely a granting of a right of way and isn't at all unusual. If they are requiring an outright transfer then there shouldn't be a need for an easement as well.

And btw, your property will not be landlocked. By making a transfer to the county you are making it public property, which automatically gives you access.

The land owner has to do this it they wish to subdivide their property, if they don't, no subdivision will be approval.

The land owner must grant it to the county, no compensation.

If the first 30 ft is deed to the county, who is require to make improvement for access to the subdivide property? County requires on rural road a driveway drain pipe be installed close to the road.


Since this parcel is deeded to the Commissioner of Cecil County a Maryland Politic, which is incorporate entity, who pays for the improves to across the parcel?>

It is a deed and Deed of Easement, both, now this is only required of new subdivisions.

It is a Deed and a Deeded Easement, both.

[tomder55]

You have to understand that this is not the same situation as the circumstances in
KELO V. NEW LONDON.

In that case the city was confiscating property so they could hand it off to a private investor who was planning to build waterfront condos . That is a case where eminent domain is abusive. But;to widen streets ? That is a legitimate use of the 5th amendment provision.

[mr.yet]

You have to understand that this is not the same situation as the circumstances in
KELO V. NEW LONDON.

In that case the city was confiscating property so they could hand it off to a private investor who was planning to build waterfront condos . That is a case where eminent domain is abusive. But;to widen streets ? That is a legitimate use of the 5th amendment provision.

I will have to agree this is for public use, not private development, as stated the in Deed of Easement: "Cecil County public roads as shown on such plat and any other public road,now or in the future, previously dedicated or intended to be dedicated to the County;and laying, repairing and maintaining of water, sewage, gas, storm drainage mains,storm drainage improvements, stormwater ditches, and other public utility lines, pipes and improvements; and the installation of electric, cable, telephone, andother publicutility wires and improvements."

With this section of the easement I would have to ask is the county respondible for any improvements to that parcel, but they will impose a regulation that the land owner will have to pay for a stormwater drain at the road edge.

But is the land owner respondible? The deed of easement clearly states the county!

[tomder55]

I would have to say that it doesn't matter who is resonsible . Traditionally home owners foot the bill.

I have a perfectly good septic system . But the county decided it was in the publics and my best interest that they build a sewer treatment plant ;run the pipes through my neighborhood and force me to pay to hook into the system. I will need to take a homeowners loan for the hook up and pay the increases in taxes for as long as I own the house. The sidewalk in front of my house is for public use .Yet if it falls into disrepair I am responsible to fix it and to shovel the snow off it in the winter . If someone falls and gets injured on it I am liable. That's just the way it is .

[ETWolverine]

Tom's right on this one, Mr. Yet. The government does indeed have the right to create the easement in question. The land will be for public use rather than for use of private companies as in Kelo, (which was one of the worst legal decisions I have seen in recent memory) so there is no question that it is legal. YOU will still be responsible for the upkeep of the property, just as you would the sidewalk in front of your house. It sucks, I know. But that's just the way it is, and the courts would almost surely uphold the desires of your local government because they are reasonable requirements and few people (except those who are similarly affected like you) would disagree with that point.

Now... if the government decided to take your land from you and give it to another private individual or corporation for private development, I would agree with you that the situation is illegal, and would encourage you to fight for your property rights. But that is not the case here.

Elliot

[mr.yet]

Tom's right on this one, Mr. Yet. The government does indeed have the right to create the easement in question. The land will be for public use rather than for use of private companies as in Kelo, (which was one of the worst legal decisions I have seen in recent memory) so there is no question that it is legal. YOU will still be responsible for the upkeep of the property, just as you would the sidewalk in front of your house. It sucks, I know. But that's just the way it is, and the courts would almost surely uphold the desires of your local government because they are reasonable requirements and few people (except those who are similarly affected like you) would disagree with that point.

Now... if the government decided to take your land from you and give it to another private individual or corporation for private development, I would agree with you that the situation is illegal, and would encourage you to fight for your property rights. But that is not the case here.

Elliot

I will agree to that point for the easement, however deeding the property to the county without compensation, and requiring it be done prior to approval of subdivision is a different story.

[Dark_crow]

Ohhh Mr. Yet, you know the government is just trying to do its best for all us, remember, it takes a village.

[ETWolverine]

I will agree to that point for the easement, however deeding the property to the county without compensation, and requiring it be done prior to approval of subdivision is a different story.

You are correct about the compensation part. The government is supposed to compensate you for the value of the property. But whether they can take possession prio to subdivision of the property... I doubt that you have a case there. They can basically take the property at any time for public use, as long as they give you fair compensation for it. Of course the government's idea of fair compensation and yours are likely to be quite different.

Elliot

[mr.yet]

You are correct about the compensation part. The govenment is supposed to compensate you for the value of the property. But whether or not they can take posession prio to subdivision of the property... I doubt that you have a case there. They can basically take the property at any time for public use, as long as they give you fair compensation for it. Of course the government's idea of fair compensation and yours are likely to be quite different.

Elliot

No compensation the deed reads:

DEED
THIS DEED made and delivered this _____ day of ________________, 20___
By and between _____________________________________, GRANTOR, and THE
BOARD OF COUNTY COMMISSIONERS OF CECIL COUNTY, a Maryland body
Politic, GRANTEE.
WHEREAS, Grantor is in the process of subdividing the property of Grantor
Pursuant to the Zoning Code and Subdivision Regulations of Cecil County.
WHEREAS, in order to obtain approval for said subdivision, Cecil County has
required that certain property be dedicated to the County along the road frontage of the property for the purpose of widening the existing county road and/or providing for stormwater management and/or utilities within said area.
NOW, THEREFORE, in consideration of the above, and of the approval of the
subdivision of the Grantor of the property of the Grantor of which this property is aportion, Grantor hereby grants and conveys unto Grantee, The Board of CountyCommissioners of Cecil County, in fee simple, that property shown on the subdivision plat of Grantor entitled


It is a condition for approval of a subdivision, no compensation. Political Blackmail.

[mr.yet]

Update, now that the county owns the first 30 feet, they are requiring the property owner to obtain a permit for driveway entrance and the property owner to to pay for that entrance way and drain pipe that will meet county code.

Question Since the county now owns that first 30 feet and it to be use for and I quote, "to be used as a public street, and for installation and maintenance of stormwater management facilities and of private and
public utilities. who is require to pay for that improvement?

[mr.yet]

Get this Extreme Makerover came to Cecil County, and the Permit Department approve all the permit and inspection as they say on the Fast Track, were as the people of the County have to wait weeks. I think will will go to them to get mind fast tracked!

Double standards