Latest / WCHS Network Podcasts / 02/27/2025 Ask the Lawyer with Tom Peyton

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02/27/2025 Ask the Lawyer with Tom Peyton · WCHS Network Podcasts

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Speaker 5: A four three FOURT two eight one three to one.
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Speaker 5: You can text threes are A four nine three five
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Speaker 5: five zero zero E. Good morning. I'm Dell Cooper. You're
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Speaker 5: listening to ask the lawyer and the Peyton Law Firm
1:07
Speaker 5: is in house this morning.
1:08
Speaker 4: We have Tom Payton in in studio.
1:10
Speaker 5: With us this morning. Harvey's been here for the last
1:11
Speaker 5: couple of weeks, so Tom is here this morning. Tom,
1:13
Speaker 5: welcome back, Good morning.
1:14
Speaker 4: How you doing.
1:14
Speaker 6: Hey, Glad to be here.
1:16
Speaker 5: Glad that's able to come in a little different weather
1:18
Speaker 5: situation from the last time that you made it in here.
1:20
Speaker 5: That's a great day yesterday and then not too bad today.
1:23
Speaker 7: I think last time I came in, actually it was
1:25
Speaker 7: it was the great pothole car destroying right on I
1:30
Speaker 7: sixty four where we're kind of like fifteen cars with
1:34
Speaker 7: and it continues to I guess maybe the road, maybe
1:36
Speaker 7: prosperity is over because the roads are, at least by
1:41
Speaker 7: my house, it basically looks like a couple of craters.
1:44
Speaker 7: We live in a little subdivision in Tays Valley and
1:47
Speaker 7: not a real busy road, but it's it's right behind
1:50
Speaker 7: my home. And he's waiting to hear baboom cars hitting
1:53
Speaker 7: the I'm sure it's smashing up the undercarriage and causing
1:57
Speaker 7: damaged wheels and tires. And we talked about to let
2:00
Speaker 7: that show. But you know, you can make a claim
2:02
Speaker 7: against the state if you have damage to your vehicle
2:05
Speaker 7: as a result of.
2:08
Speaker 6: Roads.
2:08
Speaker 7: They've failed to maintain, and it's through the Legislative Claims Commission.
2:12
Speaker 7: It's kind of administrative process. So you can do that
2:14
Speaker 7: if you have damage and just just confirm it and
2:16
Speaker 7: gather evidence it actually happened. And and then I haven't
2:20
Speaker 7: gone through the process, but I think it's you just
2:22
Speaker 7: apply some basic documentation, just kind of gets processed through
2:26
Speaker 7: and you wait and I don't know how long it's
2:28
Speaker 7: taking to get paid, but there's a way to get
2:30
Speaker 7: reimbursed if you get car damage from a unrepaired or
2:35
Speaker 7: unmaintained public roadway.
2:37
Speaker 4: I've ever since that show that we did that morning.
2:40
Speaker 5: There's a there's three pet potholes that I have to
2:42
Speaker 5: avoid on my way to work, and it's just been
2:43
Speaker 5: the same for years, you know, So it's just part
2:45
Speaker 5: of your driving muscle memory, is you swerve this way
2:47
Speaker 5: to avoid that one, swerve that way to this one.
2:49
Speaker 5: I mean, there are cars, there are car swallowers.
2:51
Speaker 8: You know.
2:51
Speaker 5: I don't want to get them because they'll really hurt
2:52
Speaker 5: my vehicle. But I realized, although there is a path
2:56
Speaker 5: for somebody to try to to be to made somewhat
2:59
Speaker 5: right after something like that happening, the process really isn't
3:02
Speaker 5: all that easy, and.
3:03
Speaker 4: You really want to try to just avoid the poddles.
3:04
Speaker 7: Right yeah, I mean I know it's there, so I
3:07
Speaker 7: do a little like maze through it. You just got
3:10
Speaker 7: to folks that don't. It's kind of you come out
3:13
Speaker 7: of a curve into a straight stretch. So some folks
3:15
Speaker 7: like to pick up their speed quickly right there. You
3:18
Speaker 7: can just that's that's in there. It's like dukes of
3:21
Speaker 7: hazard ramping there and damaging their vehicles. But I mean,
3:25
Speaker 7: I guess at this point there's not a whole lot
3:28
Speaker 7: they can do. I think they're probably inundated with calls
3:30
Speaker 7: about areas throughout the state that are the same way,
3:33
Speaker 7: and they can do some kind of cold patch temporarily,
3:38
Speaker 7: but the asphalt plants I presume, are basically shut down
3:42
Speaker 7: until maybe next month because they know they have warm
3:45
Speaker 7: weather to get it rolling. So hopefully, you know here
3:49
Speaker 7: in March April, we'll get them fixed. But we'll go
3:51
Speaker 7: get another bad winter. We'll go through the same thing
3:54
Speaker 7: next year unless some new prosperous road program comes through
4:00
Speaker 7: in the next year. But I don't know that we
4:01
Speaker 7: can afford to do that.
4:02
Speaker 5: It's pretty crazy when you when you drive out of
4:04
Speaker 5: the state when you're driving through West Virginia, and my
4:06
Speaker 5: daughter even recognized that this when we go out of state,
4:08
Speaker 5: the quality of the road changes so abruptly when you
4:12
Speaker 5: across borders going into different states, like it's you can
4:15
Speaker 5: feel the difference as soon as you move across the
4:17
Speaker 5: the border in some cases. Now, I haven't been through
4:20
Speaker 5: all the exits in a couple of years, so who
4:21
Speaker 5: knows if it's still that way. But it's just one
4:23
Speaker 5: of those things I guess that we've come accustomed to
4:25
Speaker 5: here to somebody that's.
4:26
Speaker 7: Right, we've just run accustomed and accepted it. I suppose
4:30
Speaker 7: keep electing people that don't maintain the roads so and
4:35
Speaker 7: are generally fiscally unsound. I think I even know they
4:39
Speaker 7: promote the opposite. Speaking of a few weeks ago when
4:43
Speaker 7: I was here, we talked about there was an order
4:46
Speaker 7: by Judge Sweeney, who's a judge in the kind of
4:50
Speaker 7: central north western part of the state, and he had
4:55
Speaker 7: he of course, the circuit judges deal they're the ones
4:58
Speaker 7: that deal with the abuse and the neglect, not necessarily
5:01
Speaker 7: criminal cases, but you know, there's a civil process and
5:06
Speaker 7: has its own separate rules and statutes regarding printal rights
5:10
Speaker 7: in essence, So if you maybe a parent has been
5:15
Speaker 7: neglectful of their children, but it's not bad enough for
5:18
Speaker 7: a criminal charge, living in poor conditions, not getting them
5:21
Speaker 7: to school, then you the Department of Human Services, through
5:27
Speaker 7: their subdepartment, I guess you would say child Protective Services,
5:33
Speaker 7: represented by the local prosecutor, can file a petition alleging
5:37
Speaker 7: abuse and neglect against that parent, and that doesn't that
5:40
Speaker 7: process has not result in any jail time. It's geared
5:44
Speaker 7: towards initially trying to help and rehabilitate the parent if
5:48
Speaker 7: their conduct wasn't so bad that it's a foregone conclusion
5:52
Speaker 7: that you can't. And the goal is generally to reunite
5:56
Speaker 7: the abuse and neglected children with the parents if they've
6:00
Speaker 7: been removed from the home or otherwise monitored a home
6:04
Speaker 7: through the court system to make sure it's habitable and safe,
6:07
Speaker 7: and then once the court is satisfied with that, the
6:11
Speaker 7: case can be dismissed. And those cases can linger on
6:13
Speaker 7: for years. They're supposed to get the highest priority basically
6:17
Speaker 7: in the law for the most part, at least that's
6:19
Speaker 7: what the statutes say and what our spend courter is
6:24
Speaker 7: indicated in ruling after ruling, And what Jude Sweeney did
6:30
Speaker 7: was he there wasn't really a case. It just said
6:34
Speaker 7: in regarding child welfare of sometimes that effect, and then
6:39
Speaker 7: he just sue a spone meeting without anybody asking him to,
6:42
Speaker 7: as far as I could tell from the order, ordered
6:45
Speaker 7: the Department of Human Services higher ups to show up
6:50
Speaker 7: in his Circuit court on February twentieth to address I
6:57
Speaker 7: think placement crisis. Basically, where where are these kids going?
7:01
Speaker 7: Do we have somewhere to put them? Are they safe
7:03
Speaker 7: whenever we're ever removed from the home? And so we're
7:07
Speaker 7: going to follow up on that. Of course the twentieth
7:08
Speaker 7: is coming gone. I got called, Hey, let's take the call.
7:12
Speaker 5: Let's take a pause right there and we'll get back
7:14
Speaker 5: to it in just a moment. Let Tom finish up
7:15
Speaker 5: his thought. But we do have a call. It's on
7:17
Speaker 5: the line right now. You're one there. What's your first name?
7:20
Speaker 8: Ray from Tees Valley?
7:22
Speaker 4: Go ahead, Ray, what's your question for Tom this morning?
7:25
Speaker 8: Yes, Tom, I come talk to the program PEWMSKA about
7:30
Speaker 8: this road expensing in Tese Valley. Yes, and this is
7:35
Speaker 8: stuff that is not exactly kosher going on. I want
7:38
Speaker 8: to Putnam County Transportation meeting, and they took my name
7:43
Speaker 8: and number and said they would call me back. Of
7:46
Speaker 8: course they didn't. And they said it didn't look like
7:48
Speaker 8: they had the money to do the project. Well, now
7:53
Speaker 8: they're going to project. They said they were in preliminary plans,
8:01
Speaker 8: that they've already come out with the plans, and somebody
8:05
Speaker 8: voted for particular plans, and they said something about the stakeholders.
8:11
Speaker 8: But they're making the road from twenty four feet to
8:14
Speaker 8: sixty some feet. They're putting bike lanes on both sides.
8:19
Speaker 8: And I talked to the main project man, day said,
8:22
Speaker 8: we will be taking no hans. Well, they're taking eighteen
8:26
Speaker 8: homes and six businesses and they're you're going to have
8:32
Speaker 8: bike lanes five feet from people's homes without any say so.
8:39
Speaker 8: And I missed the meeting because they told me they
8:41
Speaker 8: weren't going to do the project.
8:44
Speaker 6: Right. The meeting was Tuesday, I believe.
8:47
Speaker 7: Do you live on that section of Tayese Valley Road, Ray.
8:51
Speaker 8: Yeah, I live right at where the project's going to end.
8:54
Speaker 8: I live almost across from the Christian School, right. So
8:57
Speaker 8: I contact them and said, hell, this is going to effect.
9:00
Speaker 8: They say, what else going on?
9:01
Speaker 2: Right?
9:01
Speaker 8: There. Now they're talking about they're going to widen third
9:04
Speaker 8: to about thirty five. And just if you've been down
9:10
Speaker 8: have you're boulevard in sixteenth Street they put in bike
9:14
Speaker 8: lanes and you can't hardly drive down the main road
9:17
Speaker 8: because the bike lanes are about fifteen feet across. And
9:22
Speaker 8: I'm not against the expensive product process, but you have
9:28
Speaker 8: people that they're not in the affected areas wanting bike lanes,
9:34
Speaker 8: walking paths, and if you ask them, how do you have?
9:38
Speaker 8: Would you like me coming up to your subject and
9:40
Speaker 8: ride the bike? They'll be okay, Yeah, So now you're
9:45
Speaker 8: going to have If I don't live in the home,
9:49
Speaker 8: you're going to have these little guys riding around and grills,
9:51
Speaker 8: bicycles and backpacks, motorcycles, four wheelers up and down the sidewalk.
10:00
Speaker 7: Let me ask you, since you lived, I've got some
10:03
Speaker 7: personal connection to that. I don't live on that section
10:06
Speaker 7: of the road, but I am the president, have been
10:09
Speaker 7: for a number of years and on the board for
10:10
Speaker 7: about fifteen years of the Dumont Track County YMCA.
10:13
Speaker 6: There which is right off that road.
10:15
Speaker 7: So we had our board meeting on Tuesday and our
10:18
Speaker 7: executive director, Marty, he's really good. He attended the public
10:22
Speaker 7: meeting I think earlier that day, and I think they
10:27
Speaker 7: had it down to days Valley Christian, I believe, but
10:31
Speaker 7: they had some handouts there. And so actually we intend
10:35
Speaker 7: to oppose the current plan. It's difficult when you're trying
10:42
Speaker 7: to I mean, basically public pressure will have to be
10:48
Speaker 7: exerted because it's mostly a political question. I think about
10:52
Speaker 7: where they do these road expansions. I mean, I've talked
10:55
Speaker 7: about here from time to time. I've got one down
10:57
Speaker 7: in Buffalo where it's just three households, but you know,
11:00
Speaker 7: it's similar to what you're talking about. They're widening a
11:05
Speaker 7: entrance from the main road Route sixty two onto a
11:10
Speaker 7: connector for the sole purpose of helping one business, at
11:15
Speaker 7: least that's what it appears, one business, so they can
11:18
Speaker 7: pull trucks in and out of a facility. And of
11:23
Speaker 7: course they just want to pay my client's something based
11:26
Speaker 7: on the square footage value of property in Buffalo, West Virginia,
11:31
Speaker 7: when in essence, they're gonna be moving, you know, taking
11:36
Speaker 7: half of my client's front yard. So there's gonna be
11:37
Speaker 7: big trucks within like eight feet or ten feet of
11:41
Speaker 7: their front yard. And at the same time, and this
11:45
Speaker 7: one's this private company. When they bought their land also
11:50
Speaker 7: secured in the deed the right to build their own
11:55
Speaker 7: road to the main road. And I can't remember the
11:59
Speaker 7: lane off the top of my head, but I think
12:01
Speaker 7: it even required the person the entity selling them the
12:03
Speaker 7: property to help them build the road. But they're not
12:06
Speaker 7: building it because they've got connections with the state and
12:11
Speaker 7: have got the doh US to put the bill to
12:15
Speaker 7: widen this road rather than them build their own road,
12:17
Speaker 7: and they've hired they don't have the Attorney General's office
12:21
Speaker 7: representing them. We're fighting it, but I can tell you
12:24
Speaker 7: that at least, at least in this case, we fought
12:27
Speaker 7: tooth and nail to not let them do it at all,
12:29
Speaker 7: because it's not it's not for the public good, it's
12:32
Speaker 7: not public it's not.
12:33
Speaker 6: Necessary this private for profit entity.
12:36
Speaker 7: Mostly at this point, I think we've pretty well figured
12:39
Speaker 7: out it's it's venture capitalists in DC or Colorado or
12:44
Speaker 7: somewhere that are funding it, although there's some local politicians
12:47
Speaker 7: that at least were connected to it at one time
12:49
Speaker 7: you can see on the Secretary of State's website. But
12:54
Speaker 7: you know, we had had a hearing on it made arguments,
12:57
Speaker 7: asked the judge to reconsider it, and he the court
13:01
Speaker 7: wouldn't and is allowing them to do it. So, you know,
13:05
Speaker 7: to me, that's that's disgraceful. But when you're talking about,
13:10
Speaker 7: you know, the discretion of a bike path here there,
13:12
Speaker 7: it's going to be real difficult other than just public
13:15
Speaker 7: pressure on politicians and the Department of Highways or Transportation
13:20
Speaker 7: to get that modified. Now, I'll tell you that they
13:23
Speaker 7: had two different proposals for that road. One was to
13:30
Speaker 7: wind it a little bit farther and uh and I
13:34
Speaker 7: guess ray living on there. I mean I drive there
13:37
Speaker 7: because I go to the Y from Nitro, so I
13:39
Speaker 7: get off at the what the we we always called
13:41
Speaker 7: the Crookeet Creek exit, which is like Scott Depot, and
13:43
Speaker 7: drive that road regularly. I don't leave the office till late,
13:47
Speaker 7: usually after six. But it's not that bad of traffic. Now,
13:51
Speaker 7: it is bad if you, I mean, if there are
13:53
Speaker 7: a lot of folks riding bicycles or walking that road,
13:57
Speaker 7: certainly it's a really bad road that there's no sidewalk
13:59
Speaker 7: on it. So it's it's something should be done there.
14:02
Speaker 7: But I don't know how bad you see the traffic
14:04
Speaker 7: being But what they're proposing is two different alternatives. One
14:09
Speaker 7: would be kind of like the primary Taes Valley road
14:12
Speaker 7: you think of when you get off the Tees Valley exit,
14:14
Speaker 7: where you have a turn lane in the middle, a
14:18
Speaker 7: left turn lane. And the other one, which is their
14:21
Speaker 7: quote preferred one, which is I think one point five
14:24
Speaker 7: million dollars less. This is a thirty three million dollar
14:28
Speaker 7: job basically supposedly. I don't know that that includes having
14:32
Speaker 7: to buy people's property. But they want to do four
14:34
Speaker 7: roundabouts between where Kroger's is and like the save a
14:39
Speaker 7: lot down there towards the intersection, but a median all
14:44
Speaker 7: the way in between, so you can't like if you
14:46
Speaker 7: were coming to the YMCA from Hurricane Area, you would
14:50
Speaker 7: not be able to turn into our entrance. You would
14:53
Speaker 7: have to go all the way down somewhere and hit
14:56
Speaker 7: a roundabout and come back around. And when you come
14:59
Speaker 7: out of our facility that you would have to go
15:01
Speaker 7: right even if you wanted to go left, what to
15:04
Speaker 7: get on the interstate going east, So you have to
15:06
Speaker 7: go all the way down to a roundabout. I presume
15:09
Speaker 7: it like the Kroger intersection with with uh tays boulevard
15:14
Speaker 7: or that's probably not the correct name, but and come
15:17
Speaker 7: back around.
15:17
Speaker 6: So we think it's an awful plan.
15:20
Speaker 7: It's going to deter folks from coming to our facility
15:22
Speaker 7: and you and it's it's we're in a location the
15:25
Speaker 7: YMCA is where you can see us from the interstate,
15:27
Speaker 7: but you have to kind of go around about to
15:28
Speaker 7: get there, and uh, it's just going to further deter access.
15:33
Speaker 6: So I don't.
15:33
Speaker 7: I don't know why they're I didn't attend the meeting,
15:37
Speaker 7: but I can tell you that we're going to Our
15:40
Speaker 7: plan is to to you know, make public comment and
15:45
Speaker 7: think all the board members are on board, we're going
15:47
Speaker 7: to sign it. And so I would just encourage you
15:51
Speaker 7: if you can, if you can get a ground swell
15:52
Speaker 7: of public support behind modifying the plan, then give.
15:57
Speaker 6: That a try. I don't.
15:58
Speaker 7: I'm confused how they prioritize what projects they're going to do, uh,
16:04
Speaker 7: in light of the one in Buffalo that to me
16:06
Speaker 7: is entirely unnecessary.
16:09
Speaker 6: Uh. And then I'm not.
16:10
Speaker 7: Sure just Taste Valley, they should have traffic studies and
16:13
Speaker 7: things like that that contribute to their their need to
16:16
Speaker 7: do it. I mean, we have a road where I
16:17
Speaker 7: live that's terrible shape, and we've been hearing for years
16:22
Speaker 7: they're going to widen it, and it's got a lot
16:24
Speaker 7: of traffic. I had a new subdivision built out there
16:26
Speaker 7: where you increase traffic, and I think they're working on it.
16:30
Speaker 7: But we've heard that for five years now and haven't
16:34
Speaker 7: seen anything happen, and so it's but unfortunately, you know,
16:39
Speaker 7: once they decide on a final plan, and you may
16:44
Speaker 7: know you know they you don't have to agree to anything.
16:46
Speaker 7: So if they come and approach you and say, well,
16:48
Speaker 7: I want to we'll compensate you X amount of dollars
16:51
Speaker 7: for your front yard or half of it, you don't
16:54
Speaker 7: have to respond at all. You can just say no.
16:57
Speaker 7: They can't do anything to you other than follow a lawsuit,
17:00
Speaker 7: and it's no harm to you. If they sue you,
17:03
Speaker 7: they will deposit money in court based on what they
17:06
Speaker 7: say they owe you for taking your land. And then
17:12
Speaker 7: usually they want to write an immediate entry, so they'll
17:15
Speaker 7: ask the jge, hey, let us go ahead and get
17:17
Speaker 7: in there and start the construction, pending arguments about whether
17:21
Speaker 7: we have to pay ray more money or not. But hey,
17:24
Speaker 7: we'll deposit two grand in the court, because that's what
17:26
Speaker 7: we think we owe him, and normally you can get
17:29
Speaker 7: that out if you want initially, then just fight over
17:32
Speaker 7: whether they're obligated to pay you more. But that's when
17:35
Speaker 7: they tried to do that process. From my clients in Buffalo,
17:38
Speaker 7: that's when we said, no, this is not expanding things
17:42
Speaker 7: like the road through cross lanes, which they're doing. I've
17:46
Speaker 7: got a couple of those cases where they're taking private
17:49
Speaker 7: property owners property.
17:52
Speaker 6: That's kind of a no brainer.
17:53
Speaker 3: Man.
17:53
Speaker 7: It's been a problem for twenty years and populations only increased,
17:56
Speaker 7: and there's not a lot.
17:58
Speaker 6: Of debate there on that one.
17:59
Speaker 7: So ninety nine percent of the time those cases I've handled,
18:02
Speaker 7: you really can't fight the route they're taking or the
18:06
Speaker 7: fact they're doing the job. In fact, the only one
18:08
Speaker 7: I've challenged was the one in Buffalo, and I thought
18:13
Speaker 7: we had some good arguments. The court disagreed, so stuck
18:16
Speaker 7: with we may appeal it in the end. I mean,
18:18
Speaker 7: they can take the risk of doing the construction and
18:21
Speaker 7: then if we win the appeal, I don't know what
18:23
Speaker 7: happens at that point. But we're not to that appellet
18:26
Speaker 7: point yet because we're still fighting and trying to get
18:28
Speaker 7: through the part about how much they have to pay
18:30
Speaker 7: my clients for the property that they're taking. But but yeah,
18:34
Speaker 7: and then you could challenge their right to even take
18:37
Speaker 7: it when you get in court, but you're unfortunately you're not.
18:41
Speaker 7: It's very difficult. It's a difficult standard to meet to
18:45
Speaker 7: have them, for example, not do the bike path they
18:49
Speaker 7: have planned, or the width they have planned, or the
18:51
Speaker 7: location have planned. It's almost it's almost impossible to win
18:55
Speaker 7: those arguments. I thought I had a really good argument
19:00
Speaker 7: for the one that I've been referencing, and we tried
19:04
Speaker 7: two times over to stop it, and we're unsuccessful, although
19:06
Speaker 7: it's still subject to appeal, so we'll see how that goes.
19:09
Speaker 7: But but yeah, unfortunately, right, other than just kind of
19:13
Speaker 7: public comment, it's kind of a political thing, I think
19:18
Speaker 7: on that one, then there's not a whole lot you
19:21
Speaker 7: can do. I don't know if that helps you any
19:23
Speaker 7: or not. But we're we want, we're advocating at the
19:26
Speaker 7: YMCA that they, uh, at least just do and I
19:30
Speaker 7: don't know how we didn't really look at it from
19:32
Speaker 7: bike path standpoint. And a sidewalk, I mean it needs
19:35
Speaker 7: a sidewalk for sure, I can say that, but you know,
19:38
Speaker 7: we would rather have the center turn lane so folks
19:42
Speaker 7: can turn at their discretion wherever they need to turn.
19:46
Speaker 7: And and there's a couple of business when like the
19:49
Speaker 7: Putnam PSD where folks go and dress water issues and
19:52
Speaker 7: pay their water bills. Sometimes is right is right next
19:54
Speaker 7: to the YMCA, and we have a daycare pre k
19:58
Speaker 7: center there and we're looking at doing an spansion, so
20:01
Speaker 7: we hope there'll be a lot of traffic coming out
20:03
Speaker 7: of there. And of course we're you know, we do
20:05
Speaker 7: we don't turn any child away based on finances, and
20:08
Speaker 7: we do a lot of things other than just a gym,
20:11
Speaker 7: but we compete against some of the twenty four hour
20:13
Speaker 7: facilities and things like that, and so anything that deters
20:17
Speaker 7: or makes it more inconvenient for folks to attend our
20:22
Speaker 7: location is the problem. And so just putting a median
20:26
Speaker 7: all the way down we have to go down to
20:28
Speaker 7: a roundabout just to turn left, you know, you can't
20:30
Speaker 7: turn left and you have to turn right, is just
20:33
Speaker 7: I mean, that could affect us meaningfully. So I hope
20:36
Speaker 7: it doesn't and we'll get we'll get through one way
20:38
Speaker 7: or another. But but any event, I'm familiar with that.
20:41
Speaker 7: Ray hope you can get some relief if if they do.
20:46
Speaker 7: I know, I had a couple of calls from folks yesterday.
20:47
Speaker 7: I haven't a chance to return their calls concerned about
20:49
Speaker 7: that same issue. So I'll try and make a round
20:52
Speaker 7: of calls this afternoon maybe to address those. Certainly we
20:57
Speaker 7: can assist if we have enough folks to you, and
21:01
Speaker 7: we can strategize on how the best take a position
21:05
Speaker 7: with the Department of Transportation, and then ultimately, you know,
21:10
Speaker 7: you just make it as hard as you can on
21:12
Speaker 7: them if you disagree with it, and you get a
21:14
Speaker 7: jury trial ultimately on the value of the the land
21:17
Speaker 7: they're taking and how they're damaging the residue or what's
21:20
Speaker 7: left of your property. You have to go through a
21:23
Speaker 7: procedural process and that lawsuit they file to get to
21:26
Speaker 7: a jury. But you do have a right to have
21:29
Speaker 7: a jury trial, not on whether they're allowed to do
21:33
Speaker 7: the project or not, but you're allowed to have a
21:35
Speaker 7: jury trial on what the government has to pay you
21:39
Speaker 7: when they're in essence forcing you to convey your land
21:44
Speaker 7: to them.
21:45
Speaker 5: You're listening to ask the lawyer this one of that's
21:47
Speaker 5: Tom Payton from the Paton Law Firm. Thanks for your call,
21:49
Speaker 5: Way we appreciate that leaves a phone line open for you.
21:50
Speaker 5: We're going to take a break here in just a second.
21:52
Speaker 5: If you want to get in, you can at three
21:53
Speaker 5: zero four three four two eight one three one three
21:55
Speaker 5: zero four three four two eight one three one. You
21:56
Speaker 5: can text over your questions if you don't have time
21:58
Speaker 5: to get on the phone, or you have some level
22:00
Speaker 5: of anonymity you want to keep your more than welcome
22:02
Speaker 5: to text in a question as well to three zero
22:04
Speaker 5: four nine three five five zero zero eight threes zerre
22:06
Speaker 5: a four nine three five five zeros or eight before
22:08
Speaker 5: we go to that break. Just as a personal comment
22:09
Speaker 5: on the medium going all the way down as opposed
22:12
Speaker 5: to turn lanes. When I opened up my business back
22:14
Speaker 5: in two thousand in Kanall City, I was actually I
22:17
Speaker 5: like Kanall City by trying to kind of avoid the
22:19
Speaker 5: area because it's basically, other than a few break points,
22:22
Speaker 5: it's like a medium all the way down. If you
22:23
Speaker 5: pass your area, you have to turn around, come back
22:25
Speaker 5: to go to your store. That layout is not great
22:27
Speaker 5: for businesses in any location. In any traffic study or
22:31
Speaker 5: anything like that. When it comes to like traffic one
22:33
Speaker 5: by your business and stuff like that, they have to
22:35
Speaker 5: discount traffic in that area when you have a medium
22:37
Speaker 5: that goes on there, and it lowers the grade of
22:39
Speaker 5: the area as far as traffic and stuff goes because
22:42
Speaker 5: of that. So to me, like as a business owner,
22:44
Speaker 5: and I don't know the area intimately that you and
22:47
Speaker 5: where you were talking about, but just from a conceptual standpoint,
22:49
Speaker 5: I'd certainly get the point because, like you were talking
22:52
Speaker 5: about with the why if you can't do a turn
22:54
Speaker 5: in from the middle lane there and you have to
22:55
Speaker 5: go all the way down and then turn and come back.
22:56
Speaker 5: I mean, people just it will just not go, you know.
22:59
Speaker 5: I mean they'll find a different way. It's a they
23:00
Speaker 5: wanted to stop on their way back from work, but
23:02
Speaker 5: traffic was bad and they don't want to make the
23:03
Speaker 5: whole turnaround and all that stuff. I mean I do
23:05
Speaker 5: it every day.
23:06
Speaker 7: And if you're like me and a lot of other people,
23:08
Speaker 7: sometimes when you're going to work out, you're wavering whether
23:11
Speaker 7: you could go, and so it doesn't take a lot
23:15
Speaker 7: to necessarily teeter me in the directions.
23:17
Speaker 6: Ah, I just go home, have done well.
23:18
Speaker 4: I work out there on the cast I work out
23:20
Speaker 4: ten feet from my bedroom.
23:21
Speaker 5: So that's the reason that I developed that, so I
23:23
Speaker 5: wouldn't have an excuse for room, because you're absolutely right.
23:25
Speaker 4: You give yourself any excuse. Hey, let's do this.
23:26
Speaker 5: Let's go and take a break. Tom had some stuff
23:28
Speaker 5: we were talking about before the callers. That's a kind
23:30
Speaker 5: of information we're just following up on. We would love
23:33
Speaker 5: to take your phone calls if you want to give
23:34
Speaker 5: us a call this morning. We're on welcome to talk to Tom.
23:36
Speaker 5: In the ten minutes or so, we're going to have
23:37
Speaker 5: left in the program three zer a four three four
23:39
Speaker 5: two eight one three one three zero four three four
23:41
Speaker 5: two eight one three one. We'll take a break and
23:42
Speaker 5: be back right after this. You're listening to ask the lawyer.
23:45
Speaker 5: That's Tom Payton from the Peyton Law Firm online Peyton
23:47
Speaker 5: Lawfirm dot com and Leitdroe, West Virginia. I'm del Cooper.
23:50
Speaker 5: Will be back after this on five eight wc HS.
23:53
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24:23
Speaker 10: According to Feeding America, over seven million seniors nationwide were
24:27
Speaker 10: food insecure in twenty twenty two. West Virginia is no different. Hi,
24:31
Speaker 10: I'm Jason, President and CEO of Union Mission Ministries. For
24:35
Speaker 10: one hundred and thirteen years, Union Mission has focused on
24:37
Speaker 10: helping people in need. Right now, our senior citizens need
24:41
Speaker 10: our help. That is why Union Mission is partnering with
24:44
Speaker 10: local senior living facilities to get food delivered directly to
24:47
Speaker 10: those in need. Will you help us reach more seniors?
24:50
Speaker 10: Visit Union Mission dot com to learn more.
24:54
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24:59
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25:04
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25:09
Speaker 3: count on us. But the power of pas on your side,
25:17
Speaker 3: the power of me.
25:21
Speaker 5: You are listening to where you can put the power
25:23
Speaker 5: of patent on your side this morning? That's Tom Payton
25:25
Speaker 5: from the Pathon Law Firming. You can give us a
25:26
Speaker 5: call at three zero four three four two eight one
25:28
Speaker 5: three one three zero four, three four two eight one
25:30
Speaker 5: three one, and you can also text over any questions
25:32
Speaker 5: you have to three zero four non three five five
25:34
Speaker 5: zeroser were eight three zero four non three five five
25:37
Speaker 5: zeros or eight. We saw some few things.
25:38
Speaker 8: Yeah, we were talking.
25:39
Speaker 6: I wanted to fall up on the Child Protective Services
25:41
Speaker 6: deal because.
25:42
Speaker 4: An interesting story, yeah, I mean, and then I.
25:44
Speaker 7: Kind of talked about it like it would be interesting
25:45
Speaker 7: if the higher ups of the Department of Human Services
25:48
Speaker 7: actually showed up down there and are up there in
25:50
Speaker 7: front of Judge Sweeney and see see what happens versus
25:54
Speaker 7: challenging it. I know it as I understood just reading it, Ittaly.
25:58
Speaker 7: It just got continued generally, think the hearing has been reset.
26:01
Speaker 7: But I mean, if they challenge it, they'll frankly, they'll
26:04
Speaker 7: probably win, because I mean it's a little bit of
26:07
Speaker 7: judicial overreach. I mean, there's some inherent authority with courts
26:11
Speaker 7: and certainly local judges to handle administrative matters and things
26:16
Speaker 7: like that. But normally you got to have a case
26:18
Speaker 7: in controversy, Like nobody filed a petition asking the court
26:21
Speaker 7: to do that.
26:22
Speaker 5: It's you know, judges are just making a noise. Basically,
26:25
Speaker 5: I mean they know that it would probably that would
26:28
Speaker 5: be this, I would think.
26:28
Speaker 7: So, I mean, if there's a petition to get a
26:31
Speaker 7: rid of prohibition to stop that proceeding from happening to
26:35
Speaker 7: I guess the Intermediate Court of Appeals or the Western
26:37
Speaker 7: Supreme Court of Appeals. You know, frankly, it would probably
26:40
Speaker 7: be granted. But now really why I was bringing it up?
26:45
Speaker 7: As well as Judge Acres in Kanall County has done
26:49
Speaker 7: something similar and instead of hearing she noted in her
26:56
Speaker 7: order that guard did light them or guard enlighten'ments maybe
27:01
Speaker 7: more than one. And the guard enlightenm is just a
27:04
Speaker 7: legal word for a lawyer that's been appointed to represent
27:08
Speaker 7: a child or an incompetent person or a person's incapacitated
27:14
Speaker 7: and is there advocate, investigates the situation, reports back to
27:20
Speaker 7: the court.
27:20
Speaker 6: They can be a witness.
27:22
Speaker 7: But she noted in her order that at least at
27:24
Speaker 7: least a guard enlightenment had reported to her issues with
27:27
Speaker 7: placement of children in hotel rooms I believe, or offices.
27:33
Speaker 7: One of them had I think attempted suicide or something
27:36
Speaker 7: to that effect. And then the placement of children at
27:40
Speaker 7: a four h building facility I don't know if it's
27:44
Speaker 7: the one out when I'm familiar with is the camp
27:46
Speaker 7: kind of camp virgilitate area over there, I'm not sure
27:49
Speaker 7: which one. And so she had enough concern too and
27:54
Speaker 7: her in order require and again it's not in a
27:58
Speaker 7: particular abuse and neglect case, it's kind of an administrative
28:01
Speaker 7: order to order actually the Secretary of the Department of
28:07
Speaker 7: Human Service, I think Alex Mayor I think, to appear
28:11
Speaker 7: before her and address you know, we need, we need
28:14
Speaker 7: to report information about how these children are being kept safe.
28:18
Speaker 6: Period.
28:19
Speaker 7: And that hearing was set for Monday, March third, and
28:24
Speaker 7: I haven't seen a subsequent order, but I've what I've
28:26
Speaker 7: read in the media is that now she's the hearing
28:27
Speaker 7: is now going to be tomorrow, and I don't I'll
28:29
Speaker 7: try and find the time. But I think it's a
28:33
Speaker 7: public hearing. I think they may even make it available
28:35
Speaker 7: live stream so somebody can google that maybe and see.
28:39
Speaker 7: But but yeah, that hearing, I think the Secretary is
28:43
Speaker 7: going to show up there and maybe some others. She
28:45
Speaker 7: ordered one of the assistant prosecutors to be there too,
28:47
Speaker 7: since they represent the CPS in these cases, and so
28:52
Speaker 7: that'll be interesting to see how that one comes down. Now,
28:56
Speaker 7: this person who's running a department of Human Service, I
28:58
Speaker 7: think he's just a new and point a point by
29:00
Speaker 7: Governor Morrissey and Governor Morrise He's only been there for
29:03
Speaker 7: a month or so, so I think we'll get probably
29:07
Speaker 7: the usual we've checked into these two particular situations. He's
29:11
Speaker 7: addressing hotel rooms and four H buildings for housing, and
29:16
Speaker 7: they'll probably claim they're ensuring they're safe or agreed it's
29:20
Speaker 7: not appropriate, but they're new and they're working on it.
29:22
Speaker 6: Problem is that's what we've heard for.
29:26
Speaker 7: Instead we're worrying about you know, you know, who uses
29:30
Speaker 7: what bathroom and just fringe things that don't really make
29:34
Speaker 7: any difference, but they're simplistic and seem to appeal to
29:37
Speaker 7: politicians and some of the constituents for.
29:41
Speaker 5: When there's no real problem to solve as easy to
29:43
Speaker 5: solve the problem that's right.
29:44
Speaker 7: Well, we'll see and this one, you know, I don't know,
29:47
Speaker 7: you don't want so the law favors if you have
29:51
Speaker 7: a grandchild, for example, and your your child's got problem
29:54
Speaker 7: drug issue, I'll call issue something and they come in
29:57
Speaker 7: and have to take the children out of the home
30:00
Speaker 7: and you're perfectly fit as a relative and willing. Then
30:03
Speaker 7: they're supposed to give priority to relatives. That's in the law.
30:09
Speaker 7: They don't always do a real good search for relatives available.
30:13
Speaker 7: And then once kids get put and then so if
30:15
Speaker 7: they if they don't have a relative available for whatever reason,
30:19
Speaker 7: then you got to look for foster parents, who they
30:23
Speaker 7: get subsidies for helping. But I mean a lot of
30:25
Speaker 7: the foster families I've dealt with and done adoptions for me,
30:29
Speaker 7: they have multiple children and through the foster program, and
30:33
Speaker 7: there's only so many folks that are willing and able
30:36
Speaker 7: to be foster parents. And even then you have some
30:41
Speaker 7: temporary time period where a child and they don't need
30:44
Speaker 7: to be going to detention centers.
30:46
Speaker 6: And I don't know why.
30:50
Speaker 7: Maybe there's a feasibility problem obviously, if we keep continuing
30:53
Speaker 7: to cut government, which is I mean, Governor morrisy said,
30:56
Speaker 7: if you love what you're seeing in DC, get ready
30:59
Speaker 7: because you're going to see more of it basically here
31:01
Speaker 7: in West Virginia. So I guess that would forbid any
31:05
Speaker 7: I don't know why we couldn't have four reasonalized, really nice,
31:09
Speaker 7: state of the art facilities that support health education for
31:15
Speaker 7: these children.
31:16
Speaker 6: Just temporarily.
31:16
Speaker 7: You don't want to have, you know, permanent type orphanagies.
31:21
Speaker 7: You know, if you can help it, you want them
31:23
Speaker 7: to be temporary. Some some kids you just have to
31:26
Speaker 7: for a longer period of time than others. And they
31:27
Speaker 7: have and secure facilities where I mean some kids just
31:31
Speaker 7: have normally because of the way in which they nothing inherent.
31:34
Speaker 6: With the child.
31:35
Speaker 7: It's you know, most of the children that are an
31:39
Speaker 7: abuse abuse neglect program are kind of chronically been there,
31:42
Speaker 7: the parents have had problems, and then they the kids
31:45
Speaker 7: end up having problems, behavioral problem, serious ones, and so
31:49
Speaker 7: you got to you have some children that just really
31:51
Speaker 7: need to be have more security than others. You can't
31:54
Speaker 7: just put them in a foster home, even though there's
31:57
Speaker 7: been multiple lawsuits where they have where they might be
31:59
Speaker 7: a dangered other children in the home, for example. But
32:04
Speaker 7: I don't know why we couldn't While can we not
32:06
Speaker 7: build for state of the art regionalized facilities for the temporary,
32:13
Speaker 7: safe and constructive housing of children that are in that situation,
32:17
Speaker 7: Why wouldn't that get priority over whatever they've been talking
32:21
Speaker 7: about up there and at the Capitol. I just I
32:25
Speaker 7: don't understand it, But I'm not a politician though, so
32:28
Speaker 7: I wouldn't be very good one.
32:29
Speaker 8: I don't.
32:30
Speaker 5: I think it's just too hard of a problem. You know,
32:31
Speaker 5: it's easy to talk about the stuff that you call.
32:33
Speaker 6: It takes money.
32:33
Speaker 7: First of all, it takes money, and uh, and somebody's
32:36
Speaker 7: got to get the gumption to do it. I don't
32:39
Speaker 7: think they have the mindset for it up there right now.
32:42
Speaker 7: But it just seems like kind of a common Maybe
32:45
Speaker 7: it's classic for politicians to oversimplify things.
32:48
Speaker 6: I mean, things are if.
32:50
Speaker 7: You make them real simple and black and white, which
32:52
Speaker 7: very few things are in this world, then it tends
32:55
Speaker 7: to get more attention and and uh helped perhaps with
33:00
Speaker 7: getting elected. But this one, you know, I don't know
33:03
Speaker 7: why they're we've been sending kids out of state.
33:07
Speaker 5: I thought there would be some movement because we had
33:08
Speaker 5: this giant surplus. I thought maybe that meant there was
33:10
Speaker 5: some other stuff that had been left behind a little
33:12
Speaker 5: bit they would be bolstered. Yeah, I'm just trying to
33:14
Speaker 5: figure out now there's not a short plus anyay.
33:16
Speaker 7: I've been monitoring it. I'm trying to figure out, like,
33:18
Speaker 7: what is the plan to Maybe that's what I mean.
33:21
Speaker 7: Judge Acres can only do so much from the bench
33:23
Speaker 7: and and I think she'll get cooperation, but I mean
33:28
Speaker 7: she can only do so much. And so what is
33:30
Speaker 7: the I mean, I know we had some deal where
33:32
Speaker 7: we used to be the Department of Health and Human
33:35
Speaker 7: Resources and then they split that into I believe, and
33:39
Speaker 7: created separate agencies that's supposedly supposed to do something. And
33:42
Speaker 7: then we're going to create a dashboard to track kids.
33:45
Speaker 7: And how is any of that, I mean, where is
33:48
Speaker 7: that explained to us? How that's going to really help?
33:51
Speaker 7: What is obviously a problem. If judges are doing this
33:53
Speaker 7: that see it every day, it's a significant problem. And
33:55
Speaker 7: we've been talking about it for a decade. It's nothing new.
33:59
Speaker 7: So what I mean, how do you resolve it other
34:02
Speaker 7: than just saying we're going to study it more or
34:05
Speaker 7: change something into administration or I mean, even CPS workers
34:10
Speaker 7: have a real difficult job, and I don't know whether
34:13
Speaker 7: they've got I'm sure they don't have all the positions filled.
34:16
Speaker 7: And you can throw more money at those positions, they
34:19
Speaker 7: will pay them more. That probably helps with retention and
34:23
Speaker 7: hiring so they don't get, you know, hired by someone
34:26
Speaker 7: in the private sector that there's similar services, but that
34:31
Speaker 7: doesn't really help as far as where you have locations
34:34
Speaker 7: to place these children, So I don't I would be
34:37
Speaker 7: interested to see where is a game plan here to
34:41
Speaker 7: resolve this problem that Jude Akers and Judge Sweeney are
34:45
Speaker 7: trying to address the best they can from the bench,
34:48
Speaker 7: to make sure that our kids are are safe and
34:51
Speaker 7: have a better the other thing. I mean, she's just
34:53
Speaker 7: talking about safety. I mean a child might have harmed
34:56
Speaker 7: another child or try to commit suicide. I mean, if
34:59
Speaker 7: you you had a state of the art type facility
35:03
Speaker 7: where kids can learn early on, you don't have to
35:06
Speaker 7: live in those squalid conditions. You don't have to be
35:10
Speaker 7: parented or by somebody who doesn't have an education at
35:14
Speaker 7: all and doesn't know how.
35:16
Speaker 6: To teach you.
35:16
Speaker 7: Maybe your homeschooled, which is nothing wrong with homeschool, but
35:19
Speaker 7: I have seen it utilized many times in my opinion,
35:22
Speaker 7: where just the parents don't want to get the kid
35:25
Speaker 7: to the children to school, and so they'll just get homeschooled.
35:28
Speaker 7: And then they as we saw in Boon County on
35:30
Speaker 7: that case where the young girl passed away, I think
35:33
Speaker 7: she was emaciated. You know that child was supposed to homeschooled.
35:36
Speaker 7: They never followed through with the certifications.
35:38
Speaker 8: You know.
35:39
Speaker 7: It's just so I just don't understand why we can't
35:43
Speaker 7: get build those facilities, staff them appropriately if we can,
35:47
Speaker 7: and then not only do they are they safe in there,
35:52
Speaker 7: but they get some tools and maybe learn some ways
35:56
Speaker 7: in which they can be better adults in society and
35:59
Speaker 7: get back in and function appropriately. But I just don't
36:03
Speaker 7: It's frustrating a bit because you don't see any plan
36:06
Speaker 7: from this legislature and just fringe comments that don't hit
36:12
Speaker 7: on the real issues. And this is just a real
36:14
Speaker 7: important issue, I think, And obviously as to the circuit
36:17
Speaker 7: judges that see.
36:18
Speaker 4: It, it is odd.
36:19
Speaker 5: It just seems like it's not the thing that leads
36:21
Speaker 5: a day, and it seems like it's something that's severe
36:23
Speaker 5: enough that it should lead the day a lot of
36:24
Speaker 5: times when we talk about it. But you, like you said,
36:27
Speaker 5: I'm not a politician either. I guess maybe there's things
36:29
Speaker 5: that we don't understand that keeps those things gummed up
36:31
Speaker 5: at the lovers of power. I have no IDEA Peyton
36:33
Speaker 5: Law firm Tom Payton has been here this morning outstanding
36:36
Speaker 5: commentary helping out callers that have called in this morning
36:39
Speaker 5: about Hey, any problem that you have. When the Peyton
36:41
Speaker 5: Law Firm is here, they'll hear you out and at
36:42
Speaker 5: least try to steer you in the right direction or
36:44
Speaker 5: maybe do a follow up. You can find out more
36:46
Speaker 5: about the Peyton Law Firm online. It's Peyton Lawfirm dot
36:48
Speaker 5: com p E Y T O in Payton Lawfirm dot com,
36:50
Speaker 5: located in Niro, West Virginia of course, twenty out to
36:52
Speaker 5: one First Avenue in Nitro, West Virginia. Three zer a
36:55
Speaker 5: four seventy five five fifty five fifty six. That's how
36:57
Speaker 5: you can put the power of Peyton on your side.
36:59
Speaker 5: Give them a call zero four seven five to five
37:01
Speaker 5: fifty five fifty six three zero four seven five five
37:03
Speaker 5: fifty five fifty six. Tom, thank you so much for
37:05
Speaker 5: your Tom again next week, see you next week. That
37:08
Speaker 5: sounds great. That's Tom Payton from the Painton Off from
37:10
Speaker 5: I'm Dell Cooper. Coming up next is going to be
37:12
Speaker 5: Dave Allen on five eighty Live. That'll be followed by
37:14
Speaker 5: t J and Dave on talk Line coming from the
37:17
Speaker 5: Capital to Orton from Welch. Today they're going to be
37:19
Speaker 5: in Welsh Day on the flood ravashed communities and then
37:22
Speaker 5: They'll be back this afternoon at three zero six on
37:24
Speaker 5: Hotline with Dave Weekly. Until then, have a great day
37:26
Speaker 5: everyone on five eight wc HS.