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Today's Nuze

"Every government interference in the economy consists of giving an unearned benefit, extorted by force, to some men at the expense of others."

Ayn Rand

Nobody's listening.

YOU AREN'T GOING TO BELIEVE THIS

By
Neal Boortz
@ April 29, 2009 8:17 AM
Permalink | Comments (25) | TrackBacks (0)

Then again, we are dealing with government here ... so maybe you will. I mentioned this during the Information Overload Hour yesterday.

In Washington DC you can get a ticket for parking your car in your own driveway. There is a law that states, "Any area between the property line and the building restriction line shall be considered as private property set aside and treated as public space under the care and maintenance of the property owner." So basically, property owners in DC do not own the land between their front door and the sidewalk. While property owners are responsible for taking care of this plot of land, they technically do not own it. It is considered "public space." So if you pull into your own driveway, but do not pull your car far enough up so that it is flush with your house or building, technically your car is on "public land" and you can get a ticket.

You can bet your buns that the city has been taking full advantage of this. In fact, Congresswoman Eleanor Holmes Norton is one of the many people who have been ticketed for violating this law.

So what do you do if you want to be able to park your car so that its nose sticks out passed your home? You have to go to the government and lease the your property back from the city government. .

Unbelievable. Only government.



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What others are saying

  • Not really a big deal.
    This is not any more crazy than taking 15-40% of someones paycheck. We have not had the right to our own property for quite some time now. This is just a lot more visible.
  • YOU AREN'T GOING TO BELIEVE THIS
    In the town I used to live, in Ontario, Canada, we had this law as well. Got a ticket Christmas day one year.
  • Building Restriction Line
    I guesws this is the limit at which a building may extend without obtaining a permit to build further. Without such permit, the existing structure is the limit line. Does anyone else see the huge problem with this? A guy bangs on my front door. Suspitiouly, I arm myself and answer the door. A guy draws a gun to shoot me. Since he is standing on public property and this is DC, I CAN'T LEGALLY SHOOT HIM!!
  • I hate to tell you, Willian, but if the government tells you that you will maintain that land, you will maintain it. If they tell you not to park on it, you will not park on it. They got the laws, the lawyers and the guns.

    This is why a powerful government is so dangerous. Their laws don't have to make sense, but you better believe you WILL obey them.
  • Can't park in your own Driveway?
    I'd plant stakes and rope off the demarcation between the "public" space and my own, then tell the city they need to take care of their property, or pay me for the upkeep. If I don't own it, I ain't taking care of it. At least not for free
  • George Carlin
    In keeping with yesterday's video of George Carlin I ask;

    Why do we park in driveways and drive on parkways?
  • your second is up..
    Am I the only one who reads the original news articles before posting comments around here?
    She wasn't parking on the sidewalk, she was over 3 feet away from it, and as Neal wrote, anyplace between flush with the wall of your house down to the sidewalk is still possible for a ticket.
  • DC Parking Law
    Public space....does this mean the owner's front yard has to be ADA-compliant? If the owner decides to alter the landscape plant to make it ADA-compliant, will an environmental impact statement be required as it is for typical publicly owned lands?
  • now, hang on a second...
    I wouldn't put much past DC, but "building restriction line" is probably the setback, not the borders of the house. no, you can't park on your sidewalk, any more than you can build a garden shed on it. if you think that's unfair, maybe city life isn't for you.
  • Yes I do
    I believe it. I work for the local municipality. And I'm a conservative. It's sickening.
  • so this means..
    I can go and sit on the porch of any of these peoples homes and be within my rights to do so.. as long as I dont park in their driveway?

    +1 to damifino's comment.. no one owns land anymore.. cept maybe the amish.
  • Simple Easement
    This is a simple easement. There are sections of your property that can be used by the public. Most of the time utilities use this space to run lines and such. In some cases the sidewalk can be considered part of the easement. If you were to prevent the public use of this easement, you can get a ticket.
  • property taxes
    Since every property "owner" pays property tax then in reality you don't own it you just rent it from the government and just don't pay the "rent" and see how fast you'll be evicted.
  • pissed off
    After the official told her that she can avoid futue tickets by leasing her own property from the government for a thousand or more a year, I would have said, "No, you can start leasing it from me!" If the car was "too close to the sidewalk", they need to codify exactly HOW CLOSE is too close, not just past the front wall of the house. Putting a big "Posted- Private Property - No Tresspassing" sign at the end of the driveway would be futile, I guess, or "Private Parking Only".
  • Not only do you have to lease it back,
    They charge you thousands of dollars to do so.
  • Public private property
    I've wondered about this for a while: If I own the property, but cannot have full use and enjoyment of said property, then why the hill am I paying property taxes on that property? Withold the taxes and starve the b*stards out.
  • Here's My Solution
    If that ground between my front door and the street isn't mine then the city gubment can mow the lawn.
  • Sidewalk
    Yeah, this is also the case in South Bend, IN. We were responsible for shoveling the snow off the sidewalk. And for a city that averages six feet a year, that came often. We also had to keep it clear of cars. Living in the country is much better.
  • car is on "public land"
    Don't worry. Not long with BO and Dems we won't be able to own a car.
  • Driveways
    This is also true in Ohio and other places. You are not allowed to block the sidewalk while parked in the driveway. Doing so will earn you a ticket. The grass between the curb and the sidewalk is your responsibility. Making sure there is no ice on the sidewalk or anything to harm a person is your responsibility, but you do NOT own the sidewalk.
  • parking
    Neal, this happens in Florida, too, when the homeowner's assns think you park too close to the sidewalks that cross your driveway. Watch them with their yardstick!
  • Whatever happened to the common law concept
    of "quiet enjoyment"?
  • Driveways = Public Property?
    A bunch of people should get some pic-nic tables, chairs, volleball net, etc, and go to police chiefs house and have a pic nic in his front yard. it's public property after all.
  • I think the Home Owner could have a case...
    Sounds like an ideal "Takings" case. I wonder if a property owner could have a claim here as the effective use (as parking, in this case) of the property has been diminished.

    For example, several years ago there was a landmark decision by the Supremes over an oceanfront property setback regulation here in coastal South Carolina.

    After Hurricane Hugo, the state changed their setback laws to effectively disallow development on beach front homesites. Before the hurricane, a developer had purchased two such vacant homesites for $1 million each and had plans to build single family homes on each lot. He speculated that if he waited a few years, he could fetch around $5 million for each of the ‘spec-built’ homes once completed.

    In the meantime, the state legislature changed the ‘set-back’ regulations to a point where this developer could no longer build houses on his sites. The new law effectively changed the ‘highest and best use’ of the developer’s homesites, imposing a substantial diminution in the value of each site. The developer sued claiming that the state had effectively preformed an illegal taking of his property since the loss of value of the assets was directly linked to what legally could be done with the sites. After many years of expensive litigation, the federal Supreme Court sided with the developer and ordered the state to pay him $5 million plus his litigation expenses.

    So after trying to steal this guy’s property, the state then stole $5 million from the taxpayers to cover for their mistake. I’ll bet that if someone bought a home in DC because it offered “off-street” parking, they may have a case against the district using the above case as precedent.
  • Maintenance
    If I lived in DC, I would send the city bills for any yard work I performed. I would also challenge any property value assessment that took in to account the land surrounding the house.
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