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Author Topic: Maine Report  (Read 13745 times)

wilaygarn

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Re:Maine Report
« Reply #15 on: February 27, 2003, 11:57:45 pm »

If someone know where this would be more appropriate, please let me know, but I found this on a surveyor's bulletin board:

New Legislation in Maine
Posted By Ed Fortin on 2/25/2003 at 7:29 PM
Bill LD 770 in Maine reads as follows:

"This bill requires an owner of real property to have a survey of the property done by a licensed land surveyor prior to the sale or transfer of the property.

A copy of the survey MUST be given to the abutters.

If a survey of the property was done within 2 years before the sale or transfer, a new survey is not required if the existing survey still accurately describes the property and the survey was not challenged by a purchaser or an abutter."

Those who work under a similar rule, what are the pros and cons. What does everyone else think? Good or bad for the local LS's? IMO a mandatory filing of the plat would be more beneficial to the LS and may not spook landowners who just hate to "give" their expensive survey to that cranky old ba*t*rd across the way?
Just a thought,
ED


And the funny thing to me was that nobody saw it for what I think it obviously is, and that is a means for lawyers to fish for boundary disputes. They don't care a whit for surveyors or anybody else. it is just another means of insuring that the citizens must employ lawyers to sort out "problems"they never knew existed.
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exitus

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Re:Maine Report
« Reply #16 on: February 28, 2003, 11:35:32 am »

Quote
"If a survey of the property was done within 2 years before the sale or transfer, a new survey is not required if the existing survey still accurately describes the property and the survey was not challenged by a purchaser or an abutter."


This is a nightmare in the works for people who live on highly-developed lands with fences and buildings strewn up to the borders of property lines as most platt surveys were done using much older technology and now the accuracy of surveying has vastly improved.  In rural less-developed lands it may be just another expense to satisfy some special-interest cause.

As an interesting aside, I knew a man who, out of curiosity, wanted to know who the owners of the land that abutted his summer mountain home property were, so he went down to the county surveyor and found that nobody knew it, but there was about 7 acres of virgin land between him and the next titled property!  He had a surveyor come and verify it, then he hatched a special plan:
he made a few minor developments on the property, then went to the county assessor and said,  "I'm sorry, I just had a survey done of my property and you haven't been charging me enough taxes, I own the land all the way up to here, not where you have been assessing me."  They made him pay about 10 years of back taxes on the land and a few filing fees to get the deed changed and for a song, he managed to add 7 acres on to his cabin site.  The county was glad to add more revenue to the tax base, there was nobody to dispute his claims, and even if the county officials saw through his plan, they probably knew it would be a big fight to contest it,  since posession is 9/10ths the law, because of his developments.

       
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". . .the foundations of our national policy should be laid in private morality. If individuals be not influenced by moral principles, it is in vain to look for public virtue” -- U.S. Senate's reply to George Washington's first inaugural address

wilaygarn

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Re:Maine Report
« Reply #17 on: February 28, 2003, 11:57:59 am »

There is the doctrine (?) of adverse posession, and The man had an easier time of it than many. Virginia also has it's legal requirements for making a claim but land tax isn't even a factor for or against. I'd be happy to go into detail but I'm short on time at the moment, but if anybody asks me I'll be happy to elaborate.

My biggest problem with the proposed law is that it expands the role of government from being a referee to being an overseer. If my neighbors and I are content with our lines of posession, what harm is there in there in the deeds or surveys on record (if any) being "in error"?

If a dispute arises at a later date, deal with it then, but why stir up trouble when its not needed? If one wants a survey now, nothing prevents it.
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freedomroad

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Re:Maine Report
« Reply #18 on: March 07, 2003, 12:34:28 am »


None of them were elected on an ideological basis. Mainers vote  against those who get too big for their britches, against those who  lose touch with the people, and *for* those who are down to earth and  heavily involved in local issues. Mainers couldn't care less about  most federal legislation & ideological issues....they want to know  when hunting season starts and what the newest lobster catch limits  might be, whether the blueberry crop is threatened by a fungus and how  healthy the local paper mill is.

 I doubt that a Libertarian could move to Maine, announce his  candidacy, and get more than 2 votes. But I *do* think that  activists could find good Mainer candidates, and organize campaign  around them, and be successful.


This is what we must do in any of the states.  I do not know how big hunting season is in Maine but I do know that it is very restrictive like many of Maine's laws.  You would think, that if Maine had a lot of hunters it would have little hunting laws like Wyoming and Vermont do.  Maine has the highest taxes of all 50 states.  I am sorry, but the is a very good indication of just how statist Maine is, very statist.  
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freedomroad

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Re:Maine Report
« Reply #19 on: March 07, 2003, 12:37:59 pm »

Maine is more independent than statist. (and "statist" compared to what -- Vermont, Massachusetts, Rhode Island or New Hampshire?).

If you had a great resource for hunting waterfowl, field critters, and big game like moose and the city hunters from Boston were within a day's drive of you, you betcha there would be restrictive hunting laws!  But what laws are you speaking of.
From at least age limits and gun ownership, Maine is one of the three best of the candidate states.
See this thread State Hunting & Gun laws compared:
http://forum.freestateproject.org/index.php?board=5;action=display;threadid=1091

According to that thread Maine has some tough hunting laws when it comes to age limits.  Maine, also, limits Sunday hunting.  Maine is also, the 3 worst state of all 10 for gun ownership rates.  Sure, it beats NH and DE but that is not much to compare to.  It is widely know that people from DE do not like guns and want no part of anything to do with guns.  

According to you"
Estimated Prevalence HICRC
Alaska not rated.
88% Wyoming
76% Idaho
76% Montana
71% Vermont
67% South Dakota
50% North Dakota
48% Maine
36% New Hampshire
29% Delaware

From FS/S (Firearm suicides/Suicides)
The difference between the HICRC and the FS/S
may be a measure of responsible gun ownership.
See the source below
WY, MT, VT, SD, ID have the largest positive difference of all 50 states.
CN, FL, VA, OH, NV have the largest negative difference of all 50 states.
55% Wyoming
51% Alaska
51% Idaho
49% Montana
44% Vermont
42% South Dakota
44% North Dakota
42% Maine
39% New Hampshire (less guns, more gun suicides)
31% Delaware (less guns, more gun suicides)"

In other words, Maine does not have many gun compared to the other states and the people in Maine are more likely to do well, kill themselves with a gun.
Maine also has the 3rd lowest rate of gun retailers, at only 50 per 100,000 people compared to 147 per 100,000 people in WY.  In 2000, the entire state of Maine only had 14 gun shows while WY had 50 and ID (which has a comparable population to Maine) had 49.

Maine seems to have a weak gun culture, at best.  

All of this while Maine has some pretty restictive laws because of its religous groups.  Maine seems to have got the sourest deal of all from the Rght, weak gun culture and high restrictions at the same time.  Maybe, it was not the Right that did this.  Wyoming, which you claim has a large Right influence has the best gun culture and is near the least or is the overall least restrictive of all of the states.
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exitus

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Re:Maine Report
« Reply #20 on: March 07, 2003, 12:51:54 pm »

Kudos to Joe for always inspiring this group to use their old noggins more often.  Everytime the cheerleading gets too great, trust Joe to bring out some contrarian viewpoint, with  evidence to back it up too!
FreedomRoad, I don't think that Joe is pushing this group towards Maine, as much as he loves Maine, just towards more thinking and less cheerleading.


The above statement was modified from its original to read 'noggin' in the plural instead of the singular in observation of insights provided by Ayn Rand, "there is no such thing as a collective mind"  --I may not be an objectivist but I can respect the danger of collectivist mindsets.
« Last Edit: March 07, 2003, 01:10:06 pm by exitus »
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". . .the foundations of our national policy should be laid in private morality. If individuals be not influenced by moral principles, it is in vain to look for public virtue” -- U.S. Senate's reply to George Washington's first inaugural address
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