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optimistic
Member
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# Posted: 2 Aug 2012 07:04pm
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Can a building inspector, zoning officer, or any other town employee, walk into your land to inspect your conduct? (if you are building with no permit or if you are doing something of that sort...)
Is this legal??
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Rifraf
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# Posted: 2 Aug 2012 07:21pm
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how else would they keep their thumb on you ?
"any town employee"
I dont know the answer to that, what I do know is that I read electric and gas meters for several years , each and every day driving onto, walking around and deep into private property to read the meters. So if a peon like me had access to private land to bill you for utilities .. perhaps they can just walk up to bill you for permits and what have you.
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optimistic
Member
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# Posted: 2 Aug 2012 07:33pm
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There is a big difference between reading meters and doing an inspection...
Reading meters is considered 'Gross Easement' and is legal as part of the fact that you get services such as gas and electric. If they need to fix something - again - they are allowed to walk in under gross easement. But the town/city/whatever does NOT have a gross easement.
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PA_Bound
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# Posted: 2 Aug 2012 08:26pm
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This may vary by locality and property type (rental?), but I don't believe inspectors can force there way onto private land without implied or expressed consent unless they see an immediately dangerous situation. If they show up you can ask them to leave. But if they have probable cause (visible signs of activity, a reported violation, or something similar), they can simply get a court order which provides access- with or without your permission.
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groingo
Member
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# Posted: 3 Aug 2012 12:32am
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Where I am, if it's gated nobody has the right to come through without my permission, not even a building inspector or a cop unless the cop can show reasonable cause but that's about it.
Drones on the other hand are fare game year round!
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GomerPile
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# Posted: 3 Aug 2012 06:42pm
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In a rural area if an inspector wants to go on your property theres not much you can do about it. If they see signs of activity they are supposed to contact you about it or get an administrative warrant to go on the property. If you have *any* kind of open permit with the town they can pretty much visit anytime they want to inspect your work. Many inspectors do whatever they want and people let them get away with it.
You should already have a small trail cam monitoring your access. If you catch the inspector nosing around then have a nice chat with him. Give him your contact info and let him know that anytime he feels the need to access your property to call you. If he does it again have a chat with town leadership and see if they will help. Small towns have small legal budgets but expensive lawyers so they will want to avoid conflicts that involve lawyers.
I have fenced and gated my cabin area to keep my dog from getting into trouble. I think it also sets a boundary to keep inspectors at bay. Its one thing to walk thru the woods to someone cabin and poke around. Its another to climb a fence or open a locked/latched gate.
Livestock wire is very cheap and easy to install using existing trees as posts. Once installed it blends in nicely.
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richinky
Member
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# Posted: 4 Apr 2013 01:10am
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Depends on state. I am a retired Property Valuation Administrator. PVA or deputies have trespass rights, and I have climbed several fences. We are not there to snoop, etc. Just take a picture and measure the house and possible out buildings. We are elected, and will cut you every break possible. I would sit and answer any questions and show you ways to SAVE some tax dollars. But if you meet me in the driveway yelling about getting off the property etc..without letting me explain why I am there and not letting me do what the law requires...I will leave but I still have to put a value on your property, and I will error way on the high side. Your 800 square feet cabin, might go on the books as 1800 square feet. When you get your tax bill, and come running to the office yelling again. I will politely tell you as soon as I can get correct measurements, the tax bill can be corrected
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SE Ohio
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# Posted: 4 Apr 2013 10:54am
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Our (Vinton Co. Oh) gov't asked permission to inspect our property for taxation purposes. Funny though, despite inspection they were taxing us as full-time inhabitants with cleared land. We are weekenders with all woods. Got our taxes lowered but no refund for previous tax bill (they make the refund process time consuming and unwieldy).
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