County road is crushing my septic tank and system

JoAnn Back

New Member
Jurisdiction
Kentucky
We've owned a historical building since 1970,
And have been restoring it with the goal of opening a business. The neighbors have moved the county road to the other side (onto our property) of our building up against the building driving over our septic tank system and sidewalk, causing damages , the septic tank lid is crushed and caving in, the road build up by the county maintenance has caused flooding into the building as well as our home behind the building. The county does not have an easement through our property we've requested that the county let us dig up the lid and repair these damages (on our own property) they tell us they'll send detour signs We've been hindered by the county for years, as we're not permitted to continue with the pursuit of making a living. As well as our property being damaged.
Our rights have been violated (the 5th amendment: nor shall private property be taken for public use without just compensation) They've NEVER offered us compensation or offered to repair the damages from the public driving over our septic system or damages incurred to our home and building from the flooding due to build up from county maintenance dumping gravel on our property, and will not allow us to repair our septic on our own property. And still continue to drive over top of us to this day.
Back in 2006 we discussed with the road Dept about the road and a sign, they brought us a road sign and put it where the road was originally, we've been mowing and weed eating around it since 2006, they never came back to correct the road situation, the county retained the county road property by placing the road sign in the correct location while "Taking" our property.
The county has held our land and septic hostage, we've been treated cruel and unusual by government officials. We can't even get our septic pumped out, the health department can't even inspect ,we've had the health department to come look but he said he can't help us. But he did tell us we couldn't go any further. As far as eminent domain, we've been using our property, Everytime we flush our toilet, we've literally used that property the road is now on,
I've attached a copy of our survey the blue highlight is where the county road should be , the red highlight is where the road is now, the green arrow is our septic tank and system. And a photo of the sign they brought us back in 2005
 

Attachments

  • 65732308_2315083695432416_412392310106488832_n.jpg
    65732308_2315083695432416_412392310106488832_n.jpg
    43 KB · Views: 4
  • 65177748_2315083842099068_7715824583084867584_o.jpg
    65177748_2315083842099068_7715824583084867584_o.jpg
    133.1 KB · Views: 3
  • IMG_20190617_142032.jpg
    IMG_20190617_142032.jpg
    975.5 KB · Views: 3
Gee, what great story that certainly impressed me as to your significance and importance in this country.

Did you have a question or two that someone might be able to answer for you?
 
Yes, my question is, the 5th amendment means the government can't take my private property by eminent domain when I have also used the property in question, also the county already owns property for a road through the lots on our property. How can they rob me of my property?
 
Yes, my question is, the 5th amendment means the government can't take my private property by eminent domain when I have also used the property in question, also the county already owns property for a road through the lots on our property. How can they rob me of my property?

The 5th amendment has absolutely nothing to do with eminent domain.
 
Yes, my question is, the 5th amendment means the government can't take my private property by eminent domain when I have also used the property in question, also the county already owns property for a road through the lots on our property. How can they rob me of my property?
Here is a link so you may educate yourself. :)
Fifth Amendment
 
The 5th amendment has absolutely nothing to do with eminent domain.
Say WHAT? It most certainly does. You might try reading it again. The last clause says: nor shall private property be taken for public use, without just compensation.

Similar provisions also exist in Section 242 of the Kentucky Constitution.

The problem here is that so much time has passed. Still worth having a lawyer examine what has gone down. In addition, to the possible Constitutional issue, if the use is causing ongoing damage to property outside the condemned area, there may yet be recourse.
 
Last edited:
The county re-established the county property when they planted the county sign in the correct location (where the original road was)
They've trampled on our constitutional rights by "Taking" our property. They can't have both, theirs AND mine ....
 
The county re-established the county property when they planted the county sign in the correct location (where the original road was)
They've trampled on our constitutional rights by "Taking" our property. They can't have both, theirs AND mine ....
You need an attorney - there is NOTHING that an internet forum can do for you.
 
We've been trying to do something about it for some time now, been to see judge executives talked with road department, they told us if we got the neighbors chickens and fence off of our property they'd move the road, we took legal action against the neighbors, we did just as they ask us to, that's been 4 years ago, right after the neighbors bought the property
 
The county re-established the county property when they planted the county sign in the correct location (where the original road was)
They've trampled on our constitutional rights by "Taking" our property. They can't have both, theirs AND mine ....
I sincerely apologize for the miss-information I posted to you (post # 4).
 
Back
Top