State stole my property...

[Mexican_Hippie]

Why don't you just park one of the vehicles in the garage?

One of the biggest annoyances I had in my last neighborhood was that everyone had their garages filled up with useless crap and parked all down the streets. I thought about calling Hoarders to see if they wanted to do a multi-home special.

There's always gonna be people on your block doing something you don't like, and there's gonna be people always bitching about something on the other side of the issue. Dealing with parking annoyances is just one of those PITA things you have to deal with in some shape or form if you live in town.

 

[txinvestigator]

Are you asking if since no one enforced this law in hour neighborhood for a year that you have built a defense against any future enforcement?

 

[rushthezeppelin]

Not at all, just was annoyed about it. I was already having a bad day yesterday and probably blew this a bit out of proportion. If only this was a better society where people wouldn't be afraid to knock on a door and ask if we can be accommodating to their sidewalk use, as it is there's no kids that play on our street (most of em seem to be helicopter parents or have kids that just play games all day) and nobody that is disabled.

TXI, do you know if what I gave is a valid excuse for them not enforcing this before?

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[Younggun]

I would take the previous year as a freebie. Then look for a home outside the city and not in a subdivision.

 

[Sapper740]

Not a new law. For a long time it is unlawful to park across a sidewalk. It has nothing to do with easement rights.

Yep. Police officers know, for the most part anyway, Criminal Law and City By-Laws, not State laws regarding easements and property. If you live in a developed area, then you almost certainly have an easement for any combination of the following: Water, gas, cable, and telephone. The city can't fine you for parking your vehicle on the portion of your driveway that rests on the easement but they can fine you for blocking the sidewalk which is something I completely agree with. The elderly, children, and mothers with baby carriages shouldn't have to get on the travelled portion of the road to go for a walk The OP neglected to mention if he was being fined for parking on the sidewalk (illegal) or parking on the easement (legal). I've twice been the president of our homeowner's association and have had to deal with issues such as this many times. Roadways are for vehicles, sidewalks for people.

 

[TxDad]

Yep. Police officers know, for the most part anyway, Criminal Law and City By-Laws, not State laws regarding easements and property. If you live in a developed area, then you almost certainly have an easement for any combination of the following: Water, gas, cable, and telephone. The city can't fine you for parking your vehicle on the portion of your driveway that rests on the easement but they can fine you for blocking the sidewalk which is something I completely agree with. The elderly, children, and mothers with baby carriages shouldn't have to get on the travelled portion of the road to go for a walk The OP neglected to mention if he was being fined for parking on the sidewalk (illegal) or parking on the easement (legal). I've twice been the president of our homeowner's association and have had to deal with issues such as this many times. Roadways are for vehicles, sidewalks for people.

Isnt that allowing the blocking of a sidewalk?
Ive heard lawyers say that even if the city tore everything on their easement up (repairing or whatever) to the road, leaving me without road access, its not their problem. They own it. Just because a curb and sidewalk may be in the yard doesnt mean its the homeowners. The curb doesnt always dictate where the road ROW ends. It can and usually does extend several feet into the yard.

 

[Sapper740]

Are you asking if since no one enforced this law in hour neighborhood for a year that you have built a defense against any future enforcement?

The city where I live hasn't put a radar trap on the portion of 35 between Swisher and Dobbs for over a year now, so I guess I have a defense against ever getting one a speeding ticket there again. ;>)

 

[Sapper740]

Isnt that allowing the blocking of a sidewalk?
Ive heard lawyers say that even if the city tore everything on their easement up (repairing or whatever) to the road, leaving me without road access, its not their problem. They own it. Just because a curb and sidewalk may be in the yard doesnt mean its the homeowners. The curb doesnt always dictate where the road ROW ends. It can and usually does extend several feet into the yard.

No, so long as in the process of parking your vehicle on the portion of the easement covered by your driveway you don't also block the sidewalk, you're good to go.

 

[Sapper740]

The city where I live hasn't put a radar trap on the portion of 35 between Swisher and Dobbs for over a year now, so I guess I have a defense against ever getting one a speeding ticket there again. ;>)

Inexplicably, TGT won't allow me to edit my post. Please delete "one" from between "getting' and "a". Thanks.

 

[rushthezeppelin]

The OP neglected to mention if he was being fined for parking on the sidewalk (illegal) or parking on the easement (legal).

Actually I did mention that the whole neighborhood got warnings on this. Also that the PD said the fine would be 40 a day.

I honestly didn't know this was law, kind new to this whole subdivision thing.

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[Sapper740]

Actually I did mention that the whole neighborhood got warnings on this. Also that the PD said the fine would be 40 a day.

I honestly didn't know this was law, kind new to this whole subdivision thing.

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Sorry, to clarify: are you risking being fined for blocking the sidewalk or are you being fined for parking on the easement? Did the warning specify?

 

[txinvestigator]

Actually I did mention that the whole neighborhood got warnings on this. Also that the PD said the fine would be 40 a day.

I honestly didn't know this was law, kind new to this whole subdivision thing.

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Welcome to the 'burbs

 

[rushthezeppelin]

At least I don't live in Hutto Highlands though, that hoa will actually foreclose on your house if you defend yourself there with a firearm. They basically have a zero tolerance rule on weapons discharges.

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[txinvestigator]

At least I don't live in Hutto Highlands though, that hoa will actually foreclose on your house if you defend yourself there with a firearm. They basically have a zero tolerance rule on weapons discharges.

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I believe you were given that Information, but I do not believe it to be fact.

 

[Younggun]

Hutto was a cool place, till Austinites moved there to get away from Austin and started trying to turn it in to Little Austin.

 

[Sapper740]

At least I don't live in Hutto Highlands though, that hoa will actually foreclose on your house if you defend yourself there with a firearm. They basically have a zero tolerance rule on weapons discharges.

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The HOA would lose any lawsuit resulting from such action. The Supremacy clause of the US Constitution would pre-empt such a ruling and the foreclosure would fail under the Supreme Court's test of Strict Scrutiny. The 2nd Amendment is a fundamental right and to infringe upon it requires the HOA to have a compelling interest of which "Liberal Antipathy to Firearms" does not qualify. Judges routinely rule against over-bearing HOA's, especially when they attempt to supersede City, State, or Federal laws. I would relish any such lawsuit against me by my HOA.

 

[35Remington]

Why don't you just park one of the vehicles in the garage? One of the biggest annoyances I had in my last neighborhood was that everyone had their garages filled up with useless crap and parked all down the streets.

THIS^^^ Throw that crap away, people! Life is so much nicer when everything is lean and mean.

 

[M. Sage]

At least I don't live in Hutto Highlands though, that hoa will actually foreclose on your house if you defend yourself there with a firearm. They basically have a zero tolerance rule on weapons discharges.

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Last I heard, Texas passed a law that prevents HOAs being able to seize homes (except for unpaid dues, maybe a few other things). IIRC, they can fine you or whatever, but just taking your house is out of the question.

And hell with living in an HOA neighborhood in the first place.

 

[rushthezeppelin]

Why don't you just park one of the vehicles in the garage?

One of the biggest annoyances I had in my last neighborhood was that everyone had their garages filled up with useless crap and parked all down the streets. I thought about calling Hoarders to see if they wanted to do a multi-home special.

There's always gonna be people on your block doing something you don't like, and there's gonna be people always bitching about something on the other side of the issue. Dealing with parking annoyances is just one of those PITA things you have to deal with in some shape or form if you live in town.

I'll admit our garage is a little junked right now with a few things that didn't get unpacked from the move, but to be honest I was going to be turning it into a workshop anyway. What's so wrong with using your garage for something besides parking a vehicle?

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[35Remington]

Nothing, man. It's your house; live like you want to.

I'll tell you this, though: life is so nice with a clean garage.