Easement? What easement? Forget the easement!

[W3WN]

News story the other day (just found out about it)... http://articles.dailyamerican.com/2012-09-07/news/33684882_1_ham-radio-somerset-area-school-district-easement

Gist of is that a ham down in Somerset County, KT3E, sold 11 acres to the local school district to build an elementary school -- in 1995. At the time, he had an "antenna wire with support pole" on the sold property.

Now, the key is that the property was sold with an easement for "existing utility or aerial transmission lines" -- which sounds like that wire antenna is covered.

The contractor building the school removed the wire & support pole and never replaced them.

So, fast forward to last year... KT3E wants to replace the antenna. The school district is saying "no" due to the length of time involved. Talks broke down. He filed a civil suit to enforce the easement. School district asked the judge to dismiss the suit for "lack of relevant facts for the court to decide." Judge did NOT dismiss.

Video of KT3E talking about the suit here: http://www.dailyamerican.com/videogallery/72144278/Community/VIDEO-Richard-Gibbs-talks-about-his-lawsuit

[NY3V]

Sounds like an 'Indian Giver' to me! :lol:

[N8YX]

Could always start a radio club at the school and it would be win-win for all involved. Such a club has to have towers for its own antennas, no?

[KC9ECI]

I know a local ham that sold some property to the hospital next door. Part of the sale includes an opening in the fence and a no parking area so he can lay his tilt over tower down and work on his antenna. Last time I was down there we went to the fire station, got the ladder truck and used it to get at part of another of his antennas.