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Old February 21st, 2013, 10:44 AM   #2
RyeBread
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Originally Posted by Paperman View Post
I ask this as I am a township board member and it was brought to us again to join the county Junk ordinance. We have elected to stay out of it in the past and plan to reject it once again as we on the board do not think we need any outside agency telling our residents what is junk and what is not. To that end I ask who can enter your property without your consent? Could the designated enforcement person (non-deputized) for the junk ordinance walk your property looking for items? Do I have to let the equalization folks measure my home from the outside, as they look for additions I may have made? Can a DNR officer walk my woods and just say he is counting deer? Yes I am trying to hide shit, that’s the reason we live in BFE. I don’t want just anybody to know what I own or what is hiding in the barn or what is being stored behind the garage.
this question is best addressed to your township's corporate counsel/township attorney. there should be a policy statement consistent with that individual's legal opinion.

there is no black and white answer to your question, and it is an issue that is litigated on and off over the years.

as an example, the former State Assessors Board, which integrated into the State Tax Commission has issued several recommended procedures for Assessors and Auditors and County Tax Collection officers (which are often deputized) for how they go about their field inspection duties.

a keyword for your attorney or legal research would be case law related to "curtilage" - this will be even more litigated going forward as more and more, light/small drone use is approved and/or just performed on American soil by civilian / government.

as for your equalization/assessor - the SAB/STC's statement is loosely worded as: to walk/view/photograph/measure unless asked/demanded to leave, putting personal safety first. IF there is current litigation pending, to contact the attorney that made an appearance first for a request to do so - and if that inspection is refused to make an "estimate".

some assessors can't measure shit properly with a laser so I'm not so sure it's a good idea to have them making wild assed guesses from the road, or via a hot air balloon...



if you don't want the ordinance folks, or DNR on your property make it as difficult to gain entry to the entire site as possible. deep ravine like ditches, fences, tightly woven coniferous trees with a gated driveway have a tendency to make most government employees simply say "fuckitol"

Last edited by RyeBread; February 21st, 2013 at 10:48 AM.
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