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Federal ruling causes waves at Lake of the Ozarks [destroy residences]
post-dispatch.com ^ | Sunday, October 2, 2011 12:00 am | BY JEFFREY TOMICH

Posted on 10/02/2011 2:28:40 PM PDT by DeaconBenjamin

Roy and Karen Walker's condominium at Lake of the Ozarks fulfilled a retirement dream when the couple bought it nearly a decade ago.

The unit overlooking the relatively calm Niangua arm of the lake had everything they wanted. It was near town, right on the shoreline, with an easily accessible boat dock.

But proximity to the water has gone from a selling point to liability, their property from asset to albatross. The couple are among thousands of property owners along the lake now stuck in legal limbo after being notified that all or part of their homes, decks, gazebos and patios were built on land that belongs to Ameren Missouri's Bagnell Dam and Osage hydroelectric project.

What's more, the Federal Energy Regulatory Commission — the agency that regulates the lake, the dam and the hydroelectric plant — issued an order that all of the so-called nonconforming structures must be removed.

St. Louis-based Ameren, caught in the middle of the dispute, has asked the federal agency to reconsider, at least with respect to the 1,200-plus residences in jeopardy. The utility, which manages the shoreline under federal oversight, wants to redraw the hydroelectric project boundary to exclude most, if not all, of the homes in danger.

Meanwhile, the Walkers and many of their neighbors at the Lake Valley Condominiums — many with substantial portions of their life savings locked up in their homes — are scrambling for answers. Two of the development's buildings, along with a swimming pool and new wastewater treatment plant, are supposedly situated on Ameren's property. Some of the neighboring homes are also at risk.

"How can you buy a home, pay taxes on it, take care of it and have someone say you don't own it?" Karen Walker said. "It seems like a bad dream."

(Excerpt) Read more at stltoday.com ...


TOPICS: Business/Economy; Culture/Society; Government; US: Missouri
KEYWORDS: eminentdomain

1 posted on 10/02/2011 2:28:45 PM PDT by DeaconBenjamin
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To: DeaconBenjamin

I think the lawyers will come out rather well in this deal. All others stand to be screwed.


2 posted on 10/02/2011 2:35:11 PM PDT by saganite (What happens to taglines? Is there a termination date?)
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To: DeaconBenjamin
who did their title search???
3 posted on 10/02/2011 2:38:02 PM PDT by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: DeaconBenjamin

“How can you buy a home, pay taxes on it, take care of it and have someone say you don’t own it?” Karen Walker said. “It seems like a bad dream.”

Your masters have decreed that you may use it but never “own” it, that’s how. Are you awake now?


4 posted on 10/02/2011 2:38:46 PM PDT by count-your-change (You don't have to be brilliant, not being stupid is enough.)
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To: saganite

The title insurance companies should be hosed, at a minimum. A clear title is what you pay for at closing and their title work may now prove defective.


5 posted on 10/02/2011 2:39:24 PM PDT by T-Bird45 (It feels like the seventies, and it shouldn't.)
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To: DeaconBenjamin
I wonder if adverse possession can be pursued.
6 posted on 10/02/2011 2:44:35 PM PDT by stylin19a (obama..."Fredo-Smart")
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To: count-your-change
Your masters have decreed that you may use it but never “own” it, that’s how.

I have heard that line numerous times and understand the facts behind it as far as paying of taxes goes. However, a recent trip to NM with its "Camino Real" (Royal Road) where I had the immediate insight of the root of "real estate" means the use of the royal property with true and clear title never passing since taxes (read: rent) being a continuing fact of "ownership".

7 posted on 10/02/2011 2:44:41 PM PDT by T-Bird45 (It feels like the seventies, and it shouldn't.)
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To: T-Bird45

“The title insurance companies should be hosed, at a minimum”

My intel says they are getting the shaft right now. Everybody and their brother are using the policies to cash in on the sloppy title searches done during the hectic times of the boom.


8 posted on 10/02/2011 2:46:07 PM PDT by Rebelbase (Cain/Rubio?)
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To: T-Bird45

Unfortunately, while “title insurance” is paid for by the borrower/buyer, however it applies to the lender/seller. Not the purchaser.

Anyone buying real estate needs to obtain a separate policy, to protect their interests. Having said that, the system is so far gone that it’s doubtful the outcome would be any different.


9 posted on 10/02/2011 2:50:35 PM PDT by Freedom4US
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To: DeaconBenjamin

This appears to be a casee in which the imperial government has redrawn the lines to eliminate all of the homes. If it goes to court the government will lose.


10 posted on 10/02/2011 2:57:46 PM PDT by texmexis best
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To: texmexis best
I also wondered if the lines were changed after the home's were built. When that happens things get grandfathered in that are already built....unless someone greased some palms with money and another wants the property...The S C ruling on eminent domain opened a nasty can of worms.
11 posted on 10/02/2011 3:09:53 PM PDT by goat granny
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To: texmexis best
This appears to be a casee in which the imperial government has redrawn the lines to eliminate all of the homes.

How long before the state gets involved? OK stands to lose a pile, too - millions I would guess. How much property tax do they collect on 1,200 vacation homes?

12 posted on 10/02/2011 3:15:51 PM PDT by ZOOKER ( Exploring the fine line between cynicism and outright depression)
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To: DeaconBenjamin
>""How can you buy a home, pay taxes on it, take care of it and have someone say you don't own it?" Karen Walker said. "It seems like a bad dream.""

Just think about the average. What use have they for you?

Forget about your silly whim.
It doesn't fit the plan.


13 posted on 10/02/2011 3:18:26 PM PDT by rawcatslyentist (It is necessary that a person be born of a father who is a citizen; ~Vattel's Law of Nations)
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To: DeaconBenjamin

The impetus behind this insanity is in plain view of everyone. It is the tree-huggers in the Obama administration that are determined to return all of the scenic property in this country back to its undeveloped natural state. It is being done by the EPA at every opportunity, and now the FERC is being used. It is the “Chicago” way. The end justifies the means.

They want us to all be living in homes without central heat and air and with one 23-watt CFL hanging from the ceiling in each room. Their ultimate goal is to share the wealth until we reach the point where we are all equally poor. It is called communism. The Russians tried it on a national scale and it failed miserably, but they just didn’t get it right. Obama and his bunch know how to get it right this time.

It they can’t have a home on Lake of the Ozarks with a view, then no one can. It is just that simple. How else can you explain the order to remove homes, docks, and other facilities from a shoreline that have been there for decades and caused no problems for the operation of the hydroelectric facilities on the lake?


14 posted on 10/02/2011 3:21:37 PM PDT by Saltmeat
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To: Chode

“who did their title search???”

No kidding!

We have several acres that back a river but cannot do anything with it since it falls under the governments jurisdiction. I own it and pay taxes for the privilege of living where I do even though I can’t do anything with it.

Privacy is my main concern.

But, I knew this before, long before I bought the property.

People should have been apprised of this.

I can’t imagine who is going to prevail, they should have rights under a title snafu, but I would think that they will be thrown under the bus.


15 posted on 10/02/2011 3:24:12 PM PDT by OpusatFR
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To: DeaconBenjamin
Voters live by the ballot and voters die by the ballot...

This is what the Nation has voted for over the past many decades....So stop bitching and bend over!

16 posted on 10/02/2011 3:27:25 PM PDT by SuperLuminal (Where is another agitator for republicanism like Sam Adams when we need him?)
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To: DeaconBenjamin

“We’re from the Federal Government....and we’re here to help.”


17 posted on 10/02/2011 3:27:48 PM PDT by RightOnline
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To: DeaconBenjamin

Look up the laws on “adverse possession.” They may be able to refute the government’s claim.


18 posted on 10/02/2011 3:28:47 PM PDT by IronJack (=)
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To: DeaconBenjamin
LOL, dang the things people do, it is not really wise to build upon someone else property, they may not like it.
19 posted on 10/02/2011 3:31:30 PM PDT by org.whodat (Just another heartless American, hated by Perry and his fellow democrats.)
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To: IronJack

IMO, the Lake of the Ozarks is a hell hole. But, different strokes for different folks. Some people like the place. People have been building right up to the water’s edge for generations. That’s what you do at the Lake of the Ozarks. For the government to come along now and say, “Sorry, you can’t do that,” is nuts. Somebody needs to invite a few federal bureaucrats down for a fact finding mission . . . down a lonely deserted cove, if you can find one.


20 posted on 10/02/2011 3:34:02 PM PDT by stranger and pilgrim
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To: saganite

Stories. Like this are why I hate the govt and rthose who work for it.


21 posted on 10/02/2011 3:37:02 PM PDT by GlockThe Vote (The Obama Adminstration: The flash mob who wonÂ’t leave.)
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To: stylin19a

Not against the government. The developers are the ones on the hook here.


22 posted on 10/02/2011 3:37:23 PM PDT by org.whodat (Just another heartless American, hated by Perry and his fellow democrats.)
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To: OpusatFR
afraid you're right
23 posted on 10/02/2011 3:48:21 PM PDT by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: Freedom4US
not my understanding at all... the lender requires it to protect the loan, therefore it protects the buyer also
24 posted on 10/02/2011 3:59:43 PM PDT by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: DeaconBenjamin

Suffer rich honkeys!!!!


25 posted on 10/02/2011 4:00:39 PM PDT by Anti-Bubba182
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To: DeaconBenjamin

Government caused real estate to over correct in value, what a perfect time to use eminent domain and pay you market value when seizing one’s property.


26 posted on 10/02/2011 4:14:40 PM PDT by Razzz42
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To: Chode

You got it - “the lender requires it to protect their loan..”

The buyer has to purchase _their own_ title insurance, at additional expense, if they want to protect their interests.

Again, this all moot, since clear title is now FUBAR six ways to Sunday as a result of mortgage securitization, the MERS debacle, etc.


27 posted on 10/02/2011 4:17:49 PM PDT by Freedom4US
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To: DeaconBenjamin

You really don’t own anything anymore, you simply pay for its use... this is how the world will come to an end, your soul slave to the governing elites.


28 posted on 10/02/2011 4:20:52 PM PDT by dps.inspect (the system is rigged...)
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To: Freedom4US
they won't give the loan if they don't think it's safe, how does that NOT protect the buyer?
29 posted on 10/02/2011 4:21:24 PM PDT by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: T-Bird45

It is not just real estate. ALL that you have (read: including your life) the state views as it’s property. The kings of times past were just more open about it.


30 posted on 10/02/2011 4:22:34 PM PDT by count-your-change (You don't have to be brilliant, not being stupid is enough.)
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To: org.whodat

thanks


31 posted on 10/02/2011 5:34:08 PM PDT by stylin19a (obama..."Fredo-Smart")
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To: Chode

Because the buyer may not discover a problem - until he’s the seller.

This is yet another reason why nobody should buy or sell real estate without having an attorney. All of the documents are written by lawyers, and the bank’s lawyer is present at the close, most “homebuyers” go in naked and haven’t a clue what half of it means, and mistaken about the other half.

“Title insurance” protects the lender, not the buyer. They make the buyer pay for it (along with everything else).


32 posted on 10/02/2011 6:16:04 PM PDT by Freedom4US
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To: Chode

Because the buyer may not discover a problem - until he’s the seller.

This is yet another reason why nobody should buy or sell real estate without having an attorney. All of the documents are written by lawyers, and the bank’s lawyer is present at the close, most “homebuyers” go in naked and haven’t a clue what half of it means, and mistaken about the other half.

“Title insurance” protects the lender, not the buyer. They make the buyer pay for it (along with everything else).


33 posted on 10/02/2011 6:16:04 PM PDT by Freedom4US
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To: Freedom4US
ok, i'm confused... why does the bank even care about a title search if you are still on the hook for the loan on the property???
34 posted on 10/02/2011 6:22:52 PM PDT by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: Freedom4US
question, you are talking about "Title Insurance" which is an insurance policy,

a title SEARCH is performed to assure you that there is no outstanding lean/loan or claim of other ownership, NOT insurance...

if a title search company does a search and gives you a clean bill of sale and it turns out to be WRONG, you can SUE the title search company

35 posted on 10/02/2011 6:50:48 PM PDT by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: Chode

Call it what you want.

You can sue anyone for anything.

Good Luck.


36 posted on 10/02/2011 7:33:38 PM PDT by Freedom4US
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To: Freedom4US
no... they are different, i have bought and sold several properties here and in St.Croix and never bought title insurance but had title searches done for everyone

the title search is a physical document listing each and every owner back to the the original owner of the property that proves you are the clear title owner nothing more, and if they are wrong(the title search company) they are screwed

37 posted on 10/02/2011 7:49:41 PM PDT by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: rawcatslyentist

The same pose Benito Mussolini was fond of.


38 posted on 10/02/2011 7:56:47 PM PDT by pankot
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To: DeaconBenjamin

I’ve said it before and I’ll say it again: if it touches the water, RENT IT!


39 posted on 10/02/2011 9:01:39 PM PDT by Mountain Troll (My investment plan - Canned food and shotguns)
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To: ZOOKER

The lake has 1250 miles of shoreline. The hit on the state and local schools could be probably 100s of millions per year. It won’t fly in court.


40 posted on 10/03/2011 5:37:21 PM PDT by texmexis best
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To: goat granny

Normally that would be the case but it appears that the feds want to bulldoze the homes.

i don’t see this making it through court and it will be reversed by the next President.


41 posted on 10/03/2011 5:51:59 PM PDT by texmexis best
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To: texmexis best

Having boated quite a bit on Lake of the Ozarks, they are going to be attacking money that is, even by Texas standards, serious.

This is just not going to fly and they have managed to piss off every boater in the nation. These guys are committing suicide by sailor.


42 posted on 10/03/2011 5:55:01 PM PDT by texmexis best
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To: Freedom4US

I wouldn’t use an attorney except in NY. Attorneys do lousy title chains and their work frequently ends up in court.

Title companies do a great job.


43 posted on 10/03/2011 6:03:31 PM PDT by texmexis best
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