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05/04/2023 Ask the Lawyer with Tom Peyton · Ask the Lawyer

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pasion on your side. The power of basing eight twenty one five eighths,
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the voice of Truston good Thursday morning to your third first Thursday in the month
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of May. I'm Jeff Jenkins with Tom Peyton the Peyton Law Firm. In
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nightser. That means the phones are open three or four three four five fifty
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eight fifty eight three or four three four or five fifty eight fifty eight lines
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are opening questions about the law. Thomas here brought the sunshine with you.
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Tom, Yeah, I thought it is May. It is, it is
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May. It's gonna start to feel like it today. Finally, I think
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that's just crazy. I didn't check to see, but I think they were
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getting some snow even to into last night. Yea in the mountains and over
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a foot of snow, which is crazy. I'm a warm weather guy,
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so I'd rather it be ninety five degrees than fifty five degrees. Yeah,
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who's gonna get progressively warmer the next next couple of days. Yeah, it
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sounds like we're around the curve there and or ever the hump and so hopefully
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it'll stay warmer nights help and then yeah, I gotta get my tomato plans
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out here. I guess not till the end of May or something. Yeah,
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we've learned still be cool. It's that cheat now. So I was
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able to find some our old little garden area got to overcome by my wife
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expanding our deck out back. So I actually did potted tomato plants last year.
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Yes, and they sell these vinyl canvas type. They look like bags,
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but they expand to pots to re light. They let air in and
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water out, so it's really good for the roots and I use that went
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real well, but I put those cages down in there over top of them,
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and then first storm BAMD just blew them over. And of course the
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tomato I do the airlooms, and so they grow so big and strong.
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They just pulled the little cages right up out of the soil because you can
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only get them so deep in those pots. But but yeah, if you
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want to, you know you don't. There's no real weeding, and you
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can just put a little fertilizer in there. And I had them up on
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my deck and they worked really well. Yeah, so I'm gonna do that
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again this year. I got a different mechanism for I guess steaking them or
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keeping them up in the air. I want to use some of them whatever
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you call that wire mesh put down in concrete when you're setting it, sometimes
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circled aroun and pin it down in the pot. Then put the soil on
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top of that and see if I can get the plants down in there.
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So uh, well, yeah, I love summer tomatoes. Means nothing like
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that. So you do three four plants and yeah, that'll that'll get you.
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My wife's favorite summer snack would be tomatoes and toast and butter. Yeah,
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I'm a I'm a tomato, bacon mayo, yeah, toast, oh
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yeah, nothing else not not no, let us no. But yeah.
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So hopefully we returned the corner. We're gonna get there and things are looking
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up, so hopefully we'll get some calls this morning. We'll see um,
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maybe remind people what we do a little bit. So you know, our
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office is in Nitro, right off about a mile and a half maybe a
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mile off the interstate. There easy easy access from the west to Milton or
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from Charleston's probably about a twenty minute drive without traffic. And you know what
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we do a lot, I guess or over the years. Half is a
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litigation. So you got an issue with an insurance care not paying an automobile
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accident claim, or have any kind of type of injury where you think it
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might be the result of somebody else's fault, then you know that's that's kind
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of what we do for the most part. But because we're there in the
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suburbs, I guess you would say Nitro, and we try and help people
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when we can. We know how to do a lot of other stuff,
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so we do deeds, wills, I'll do a little bit of family,
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don't do very much Famila anymore. I used to do a lot of it,
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just don't have It's just not something I enjoy tremendously. So I will
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do it, but I'm pretty selective. So if you've got a family law
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this, you can give me a call at the office, but may not
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be one. I don't like to get too many going at one time because
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they can become all consuming and it's just not I've got in my career.
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I don't have to do those if I don't want to, but we can
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certainly refregret to somebody that can do it. Then we do a little criminal
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defense, actually going over to Master Court after I'm done here today to do
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defend a fellow on a misdemeanor charge. Actually it rose out of a road
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rage incident. I've had like two or three of those over the last six
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seven months. So if somebody doesn't let you into traffic or somebody cuts you
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off, don't road rageing, Just yell and keep it to yourself. Yeah,
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just like chasing people, and then you know, salting and things like
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that. I don't it's bizarre to me. It's people would take their time
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to do that, but maybe they're having a really bad day. It's worse
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when I get charged with the Crown. I don't know, is it.
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I mean there's a lot of tray. I don't know. Maybe people were
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a little more short fused because all the work that's going on. It is
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frustrating, you know, it's just I think they're getting they're finally they've been
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really working diligently. At the Nitro exit. If you're heading east, I
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hope they're going to reopen the exit. Yeah, the full lane used to
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have three lanes and the third lane pushed to the right would then be an
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exit only. And then they closed that lane for the last I don't know,
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a month and a half or two months. And now they almost have
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that blacktop done, hopefully to reopen that so we can get that extra lane
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in there, because that's I mean, there's a wreck. And you know,
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getting onto the interstate from the Nitro Entran tramp heading east is unusual.
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It's got a yield sign now instead of merge. You don't have very much
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room, and so you can't. You gotta go up there and almost stop.
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And I mean there's a Nitro p D could probably give you. I
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bet there's a wreck there every day. Yeah, and because they're building the
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new bridge, they had to build a new little bridge. Is when I'm
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talking about a little bridge right past the exit, right, Well, we're
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all using the new bridge that will be a big bridge that there the old
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ones pretty much except yeah, all the metal that was the frame you can
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see is all gone, which is gives you, gives you. You don't
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realize it, but it clears up the view and it's actually gonna be quite
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nice. Yeah. Um. But yeah, so right now, I think
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all traffic is using what will eventually be the eastbound so now east beyond and
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westbounding using that. So I don't think that's scheduled to complete until October twenty
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twenty four. Yeah. Yeah, but you know what, I don't know.
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It seems like they're moving at pretty good pace, so it wouldn't surprise
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me if they don't beat their estimate. Of course, a lot that's depending
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on whether and other other things. But he was hoping they get it done
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because it's actually the Saint Alban's entrance that's really bad. I mean, I
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don't know how that design got approved, but it's it's a stop sign.
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You know, you're you have to stop, rather than yield. It's already
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a construction zone with two tight lanes go to the right to left. There's
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lines you can see that are you know, still painted on the road.
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They're just faint, which can be a bit confusing. And then you know
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the the stop. You're almost perpendicular to Interstate sixty four. When you get
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that stop sign coming there from Saint Albans, I mean it's there's not much
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merging or you just have to go from zero to as fast as you can
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to get in there. And I think I haven't seen a big line of
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traffic lately. I think a lot of people are learning you're in the Saint
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Albans areas, go through institute. So once that's all done, the way
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I understand it is, when you get on at Nitro heading eastbound, you'll
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have a pretty significant you have a lane I think, no, you know,
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to get on. And then when you get on at Saint Alban's heading
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east Nitro heading west Saint Alman's at Nice, you'll have like a full lane.
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On The news on the bridge to go to merge over the Interstate always
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reduced to two lanes heading west. Yeah, at Nitro because it was an
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exit only lane because they had to go over the bridge. We had to
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go over the bridge. You didn't have your room for an extra lanes.
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So now there'll be an extra lane there right that will either be created and
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continue from the entrance ramp where I guess you're just merge like any but you'll
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have plenty of time to do it. It'll be a normal distance to merge
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on with the rest of the traffic. So let me ask you something here,
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Tom and Tom Peyton's with us Peyton Law from a Nitro and the number
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to call if you've got a question for a time lines are open three or
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four three four five fifty fifty eight three or four three four five fifty eight
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fifty. Okay, here's my question, and about kind of property owners rights.
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We've been hearing a lot just seems more and more. We've been reporting
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a lot on abandoned houses being burned, and and that a lot of times
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impacts other people and impacts owner occupied homes. Sure, you know, damage
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maybe even catching fire, maybe even being destroyed. I mean it's yeah.
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I've had a couple of calls on that actually, And you know the problem
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is that you know, these dilapidated homes if they I mean, like Nitro
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is doing a really good job of getting some grant funds and getting them taken
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down. I mean, they did a lot of that. It looks much
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better. And but you get those that are yeah, so I get an
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airship or you get it so you know, so many people own it.
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You never can get the title cleared up without spending some money on it,
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so nobody really wants to do it that has an ownership interest down it.
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Or you just get people that don't keep up the property for whatever reason.
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Then a lot of times what you get, you know, if they don't
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care enough to maintain it minimally, then it gets you know, they don't
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pay the taxes on it, and then ultimately goes to the tax sale and
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then their entities or people out there their businesses to go and just buy up
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properties at tax sales. But they don't. Sometimes they don't even know what
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they're getting till they get it, because they get it for very little,
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you know, small amounts, and they figure, well, if it's not
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worth it, I just won't move forward with it and don't pay the taxes
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again, or don't do the legwork you have to do to actually get a
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deed after you buy a tax or two forget that tax sale. So they're
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not motivated. You know, if they see it and want to put some
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money into some of them will will tear those down and then rebuild little small
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homes and they can flip them, so to speak. But otherwise, yeah,
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you get these delapidated homes. They become a hazard for more reasons than
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one. One is because you get folks that you know, homeless people in
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there, and people that aredicted to drugs and trying to stay warm, et
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cetera. It's not that they set it on fire on purpose, but that's
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the kind of stuff that happens there. And then you know that the so
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if you're a neighboring property that then the fire comes over and catches your home.
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Which I've had a few of those calls. And there might be some
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liability on whoever was supposed to maintain the property maybe, but you know they're
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not. If it's in that shape that it's highly unlikely to have any type
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of liability insurance that would cover that particular property. And yeah, you can
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foul a lawsuit against them, but h and you might win, but good
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luck recovering any actual funds, so you won't want to pay a lawyer to
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do it. A lawyer won't take that on a contingency fee for the difficulty
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of actually recovering anything. But you have your you know, then you have
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to go under your own homeowners insurance and you should be fully compensated there.
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Minus you know, most people have a deductible for their fire insurance claim,
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and so they would they would covering neighbor's house or some neighboring property. Catching
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your house on fire. Sure, yeah, if your house catches on fire
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for any reason, unless it's arson. I mean there's some exceptions in your
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policy depend on what happens. But yeah, if it's arson caused by one
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of the insureds, which I mean I've had those cases before where we homeowner's
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insurance care investigates and is basically accusing the homeowner of m arson and so you
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got to battle those out. But it's not arson. If somebody sets your
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home on fire or sets the neighbor's home on fire on purpose and it then
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comes over to your property, catches your home on fire, that's that's not
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you still get covered in your homeowner's insurance. It's not arson. It's got
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to be an intentional act done by you or at your the insurance direction,
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so you'll still be covered there and you should be fully covered if you have
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everybody out to have. If you have a loan against your home, which
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most people do, then you know you're going to have a fire policy that
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covers it because you're either paying for it or you're required to pay for it
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as as a part of your loan terms. And if you quit paying for
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it, your lender will pay for it. Now if your lender pays for
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it, because you quip paying for it, and a lot of times it
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will only cover your home to the extent of the balance due on your mortgage.
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So you got it. You don't want that. That's called force placed
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insurance, and and it's kind of pricey. You'll see it come on your
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statement as like an you know where you see your escrow and you'll see a
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force placed insurance prey in payment on your on your statement and that usually only
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protects the lender. So you don't want that. Don't let it go and
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just let them force place. Go buy some fire interns if you can.
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But it is difficult, isn't it time to? And because you mentioned and
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in Nitro has done a good job. Charleston has tried to do some of
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this and they've they've done a good bit of this too, but it's not
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as easy as you would think of taking down a house. Yeah, well
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you gotta have funds to do it first. Yeah, so what I've seen
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in night now they would get I don't know if it's something related to COVID
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relief or not, but the Nitro I think is getting grants to do.
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Yeah, there's some in the in the State Auders office has a program.
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You got to give owners to due process and you can't just come in and
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like I got a house behind mine my office, that's you know, the
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fellow that lived there that basically I owned it, our own interest in it
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passed away from COVID and nobody. I don't believe anybody's ever opened in a
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state for him. I don't know who the heirs, you know, I
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don't know. If you didn't have a legal will, then you don't know
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who the airs are. Well, then it just people are just in and
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out there. Eventually, at the city, I mean, they did good.
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We had to complain a few times because you have people fighting and you
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know, there's businesses there, and nobody wants to come to a business when
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you deal with people cursing and drinking in their front yard and throwing beer kens
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around. And so Niro did a really good job. They responded, They
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tried to stop it. Eventually they boarded it up, but caution tape around
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it, and it's boarded up now and somebody comes tries to climb in,
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they reboard it up. I mean, it's just a now. I think
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they basically stopped, but that that's a good example that piece of property went
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up for I mean, nobody's paying the taxes and nobody's actually living there now,
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so there's really no motivation. If they're some heirs out there that want
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it, I mean, they would have to go to the state process to
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get it straightened out, and none of them are doing it. So it
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was sold a tax sale, so some other some third party bought it.
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But of course when you when you go to a tax sale like the auction,
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then you don't get a deed at the time you buy, like tax
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certificate. So then there's a whole process where you've got to look do a
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search at the courthouse and figure out who has an ownership interest or any interest
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in the property, and then you have to send them proper or tell the
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state auditor to send proper notices to all those people. If they have a
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right to redeem the property, pay all the back tax and some fees on
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top of that. If they do, then you get your money back for
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what you paid for the tax certificate. And if they don't redeem it after
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a certain amount of time, then then you get a ded at that point,
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then there's still a period after that which you don't really get solid title
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to it, good ownership, like I'm not sure lenders would even love against
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in the first couple of years after you get a tax deed, because an
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owner or interested party could pop up and follow a lawsuit claiming they didn't you
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didn't give them proper notice of the right to redeem, and then a judge
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could set that whole tax sale aside. So that's an interesting you know,
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we do get a lot of calls about that because people start to dabble in
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the tax you know, oh, well there's this piece of property, I'm
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gonna buy it for cheap, but then they don't realize Yeah, but really,
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to do it right, you need to pay a lawyer after you buy
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the tax or to do a little minimal title search to figure out who's got
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an interest in it. Then you got to pay the auditor to serve those
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people either by mail, certified mail publication, or maybe personally try and give
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them notice. And then you eventually get a deed, and then you might
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have a couple of years where there's still a concern that somebody could follow a
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lawsuits try and set aside the deed that you have, which makes it less
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marketable for the first couple of years because a lot of legitimate lenders won't loan
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against properties that are in that such a um. Although if you have the
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funds and it's really you can follow a lawsuit after you get the deed,
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but you have to sue everybody that you were supposed to have given notice to
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redeem to and try and get the court to declare that you gave proper notice.
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Therefore their ability to follow a lawsuit to set it aside is done and
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title is vested in you. I would think that there are done I mean
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dozens, I mean hundreds of examples, probably more than that of people who
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have lived in a place for multiple years there's an abandoned house close to them,
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a side they're concerned about. You know that people are coming to live
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in that it's going to catch on fire. They want to kind of be
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proactive. But man, it's just so it's you just describe kind of some
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of the process. What would you recommend, I mean to see they just
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hope nothing happens, or go to your municipality first. I mean, that's
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the thing, like one man's trash is not a man's treasure sometimes, so
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you know, you you not liking someone's lifestyle or something or how they behave
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at their property. You can't do a whole lot about necessarily, but if
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it doesn't meet the basic minimal standards and it's a health hazard, then that's
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when you can get some help, probably from the municipality. And if,
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of course, if you have most cities, probably every city versus unincorporated areas
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or small towns have some missible code sections about sort of conduct or that type
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of thing and stuff. You've got people over there drinking and raising cane.
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But that's all you can do is report it to the law enforcement. At
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that point, I mean, you can follow all suit. I mean,
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there's cases if it's a nuisance, you know, unreasonable something on the neighbor's
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property unreasonably interferes with your right to enjoy your property. And those are usually
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those cases that have been successful are usually where they're like, you know,
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maybe a commercial somebody puts a commercial building in beside a residential area and they're
19:04
pumping floodlights everyone in your property, or fumes or something like that, and
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then the neighbor interaction generally, even cursing or yelling, being a jerk to
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your neighbor isn't really something the law can help on a from a civil standpoint,
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and probably really a criminal either, unfortunately, unless depends on what the
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behavior is. I mean, if there's threats of physical violence or something that's
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a little different, you can get some help there in my distrate court.
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But I mean there's a case in West Virginia two and went to the Supreme
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Court where it's just like, well, yeah, a neighbor plupping you off
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every morning when they get in their car or I mean, you I've heard
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at all in these but those cases they don't just not doesn't constitute a legal
19:49
nuisance where you can get a civil restraining order to govern that type behavior between
19:56
neighbors. And that's what I mean, I've said bad neighbors. Once it
19:59
goes bad, it's just a real difficult problem to resolve because rarely does it
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heal itself. Somebody moves away or just doesn't live there any longer for some
20:07
reason. If you're concerned about an empty house beside you, again, municipality
20:12
or kinda county, the planning office maybe or sure or you know. I've
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also had clients say, hey, Tom, I gotta figure out who owns
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this. And you know, if you can figure out who owns it or
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maybe even the airs that own it, I mean, you can help to
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get the titles straightened out and buy it from them. Let's say, if
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you got the funds I mean I've had, now, they don't have to
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sell it. You can't force them to sell you the property. But you
20:36
know, eventually the and when the city does, think like Nitro will come
20:40
in and have to mow grass like in that property I was talking about behind
20:44
my office to make and so every time they do that, or if they
20:47
have to take a property down, I mean, they put leans for what
20:51
they spend on the property against the property. So that makes it more difficult
20:55
to handle later as well. I don't think they don't usually do or sales
21:00
or anything in order to get the money out of it. But if it's
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ever going to be sold, those lanes got to be addressed and satisfied generally.
21:07
So, but yeah, I've had that where neighbors said, well,
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I want to I can't stand these neighbors, or I think there's drugs going
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in and out there and they're living there out and if they own it or
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not, it's like, all right, Tom, go figure out. Will
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you help me go figure out, do a little title work on this,
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and let's see who the legal owners are, and then we'll make them an
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offer. See if we can buy them out and get the property. Then
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when you get the property and you own it, then you can take some
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legal measures to get what in essence is kind of squatters or something out of
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the property, which can be a hassle as well if they've been there for
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a while, But it can be done. We're gonna take our break,
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Tom Peyton with the Painton Law Firm in Nitros with us, the lines are
21:48
open three or four, three four, five, fifty eight fifty. Maybe
21:51
you've got a question about a property issue. Tom can answer that in others
21:56
it's eight forty two three or four three four five fifty eight fifty eight back
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in a moment of five eight whs. If you've been hurting a car Rex,
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stop worrying about your car, stop worrying about your medical bills, and
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stop worrying about your lost wages. Just call Peyton Law Firm right now and
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we'll fight to stop your car wreck worries. I'm Tom Peyton, and if
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a careless driver hurt you, it's our job to hold their insurance company responsible.
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Calls today at seven five fifty five fifty six or visit Peyton Law Firm
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and may not cover the entire cost of your funeral at the time of your
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death. The beneficiary of this life insurance may use the proceeds for any purpose
23:32
unless otherwise directed. The power of Baby on the side. We have the
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of basing on your side. The power of bab It's eight forty five on
24:06
five eighths The Voice of Charleston Jeff Jenkins with Tom Payton to the Peyton Law
24:10
Firm in Nitro three H four three four five fifty eight fifty eight three H
24:14
four three four five fifty a fifty eight Questions about the law and John is
24:18
calling in. Tom all right, yeah, John, go ahead, you're
24:21
on the air. Thy good morning, thanks for taking my call. So
24:22
I tuned in lakes So I hope this wasn't covered. But I have an
24:26
elderly father. He's eighty sent eighty seven, eighty six, and he's got
24:32
a neighbor has a massive, massive tree just on the other side of the
24:37
sense that produces those little worldly gigs the helicopter thing. It's maple tree,
24:42
and they clogged his gutters. I'm worried that he get He gets up on
24:45
a ladder trias to clean the cutters out. But one of the issues is
24:49
that the tree has roots that come under He's a master rose area and he
24:55
has one of the most immaculate gardens that you ever see. But the things
25:00
get embedded in in his yard, and he is constantly with getting five gallon
25:06
buckets full of those little things that you know any any he's eighty six.
25:11
The tree limbs are starting to hang over his property that you never see the
25:15
neighbors. There's no ill will or anything like that. But is there any
25:21
recourse for him too? Yeah, I mean, well there there is,
25:23
and some of it's easier than others. So first thing you want to do
25:26
is try and nicely communicate with the neighbors. If there's some resolution. I
25:33
mean, it's if you know them. Even if if your dad had some
25:37
funds, maybe split some split the feet, have the tree taken down,
25:41
if they'll agree. Um, generally you can't go on their property without permission,
25:45
but if you can't reach some agreement on it after approaching them, then
25:51
basically your dad ends from the ground of the sky. So if and that's
25:55
it can be practical issues. But I mean he could literally go in and
25:59
get to me, get a bacco or a chainsaw or whatever and cut those
26:03
roots that are growing in and just cut him off his property line. He
26:07
could go up in the air in a bucket truck. Not him if he's
26:10
eighty some years old, don't recommend that, but hire somebody to do it.
26:12
And got there and cut every limb that encroaches on his side of the
26:17
property. And then he discussed, you know, he's discussed speaking to him
26:22
and offering to split the seed, but there is there's really no money on
26:27
the other side of the fiance that they have to do anything like that,
26:30
And you know he's uh, he's thought about everything that you just said.
26:37
With the exception he I don't think he would try to poison the tree or
26:41
cut the roots or anything like that. But it just really is the upsetting
26:45
to him. And right, I wasn't talking about trying to kill the tree.
26:47
What I'm saying is you said roots are infiltrating his property. So he
26:51
can go just like he can cut limbs, you can go down and cut
26:53
roots too. Now, whether that would kill the tree or not, I
26:56
don't know, but that doesn't matter. It's true. It's they're allowing it
26:59
to coroaching his property. So that tree is so massive that you know,
27:03
even if you trammed a couple of limbs, it would it wouldn't even put
27:07
it down. And the wind, the wind blows perfectly from that property over
27:11
over to his property. And well, if he's got the funds, he
27:15
could just offer to pay for it. I mean, just write him a
27:18
letter and say here, we'll we'll pay to take this down. If you
27:21
don't care, just let me know we have permission and then take it down.
27:23
I mean, if they don't have the funds to do it, or
27:26
you know, you got multiple owners that are absentee or something. Then that's
27:30
he can offer to do that too. And when we've had those windstorms,
27:33
uh, you know, they just cringe because those those windstorms we had last
27:37
month, if that tree fail, it would differ. I mean, it
27:41
would just totally crush their house as well. But he probably ought to get
27:45
a letter out, you know, like if he wants to offer to pay
27:48
for it, for example, you know, probably ought to get him a
27:51
letter somehow saying you know, here is this tree. I think one,
27:55
it's yeah, it's it's it's encroaching on my property and causing problems with the
28:00
gutters, et cetera. To uh, it's old, and there's fear it
28:06
might fall on my property and damage it. And three, however, you
28:11
know, as long as you'll give me permission, I'll hire a contractor to
28:12
come in and take it out and I'll pay for it. Get them a
28:15
letter like that, either walk it over and put it in a mailbox or
28:18
something. I would make calls first, so you don't get people get get
28:22
up in the back. If you get them, they're they're totally oblivious I
28:26
think, to even what's going on. You don't even know if they even
28:30
know. So yeah, that's definitely the first step. Then if you take
28:33
it beyond that and it gets breaks down and you really wants to do something
28:37
about it, I mean, yeah, you know, having a maple seedlings
28:41
fly over your property unreasonable man, because that's only one month of the year,
28:47
one month, two month and a half of the season. But or
28:51
some of those other things you talked about, I mean, yeah, you
28:52
can follow. I mean, nobody really does it very often because they don't
28:56
want to pay lawyers to do it and all that. I mean, you
28:56
can follow lawsuit a leedging that's he's a nuisance and it's encroaching on his property
29:02
and it's dangerous and all that, and a judge might order you be taken
29:06
down or controlled in some way. And then also the other thing is once
29:11
you you know, if you put them on notice that that or your father
29:15
does it he thinks there's a problem with it as far as it being dangerous.
29:18
Then if it does fall later, um, he would have a decent
29:21
argument that you know, if they have homewinners insurance that it would have to
29:25
pay for all the damages as opposed to him having to bear the burden of
29:30
paying to fix things like fences or garage or roofs or whatever. If the
29:33
tree falls to that letter would be good. But I always caution people go
29:38
go knock on the door or make a call or two first where you start
29:42
sending letters, because right now what you we might take it a different way
29:48
than it was intended. And you know everybody knows all that is these days
29:51
with emails and texting. I mean, it's just everybody gets caught in it
29:55
where you know, you'd think you're meaning X, and then somebody reads it
29:57
and interprets its why and if they inter put it as something aggressive towards them
30:03
or somehow unfair, then you've soured You may sour their relationship, and then
30:07
it becomes insolvable problem. A great advice. I appreciate it. Thank you,
30:11
Thank you John. Okay, and the lines are open. Thanks John
30:15
for that. Eight forty two three or four three four five fifty fifty three
30:18
or four three four or five fifty and fifty of Tom Payton with the Payton
30:22
Law Firm, Nitro. I noticed today Tom, on Judge Ballard's docket a
30:26
number of back to back hearings involving the State Division of Highways and property owners.
30:32
And I'm not sure these might be the property owners out in the cross
30:34
Lanes area because they're gonna expand the road. I know they're doing some starting
30:40
that process on a few of them. There, Yeah, expand the road,
30:41
but there's some condemnation or their hearings. Eminent domain, so you know,
30:48
emminent domain is that it's rooted in the constitution and it gives the government
30:52
the ability to take private property or sometimes quasi got me and utilities can do
31:00
it to under certain circumstances. But they's they can take private property to use
31:06
for quote public good, and that's been interpreted, in my opinion, pretty
31:11
broadly over the years what public good is. And so for example, going
31:15
through cross Lanes, if they're going to expand the main road through cross Lanes,
31:21
you know, and you're a property owner and they want to take part
31:22
of your property to do that, you're right, very slim to none chance
31:29
you're going to argue that it's not for the public good, or for example,
31:32
you know, the road should be in a different locations, they don't
31:33
take your property. The arguments normally are, and where we get involved at
31:37
times is what are you entitled to as a result of the taking by the
31:42
government. So you agree and it's fine. DH attorneys draft up a deed
31:48
and then you know they pay the money and you need them. You're interested
31:53
in the property that they need, and there's things you know you can grant
31:57
them the property and fee so they own it, or a permanent right away.
32:01
There's sometimes there's temporary construction easements that are part of it that you need
32:05
to be compensated for where your property is just occupied for a certain period of
32:07
time. But if you don't reach an agreement, I mean, they'll make
32:10
an offer, they'll have it appraised, and their appraise or will say what
32:15
the value is. And it's interesting because it is a take and not a
32:17
voluntary sale. You get it a praise that it's highest and best use,
32:22
which might not be the current use. So for examples in a commercial zone,
32:25
but it's a house, you might be able to get it appraised a
32:28
commercial value. And then if they don't take all of your property, you
32:31
also should get something for the diminish value of the residue that you still own,
32:37
because sometimes you can do per acre, per square foot values. Well,
32:42
then you've got half a lot left that doesn't have any value at all,
32:45
so they need to pay it for the whole thing. But the way
32:46
that process works if you don't agree on the value is the state can still
32:51
move forward with their construction project if you don't have an agreement. And that's
32:54
what I think these hearings are probably for, is they follow a petition saying
32:59
here's our project, here's what we've offered. They're dispute about the value,
33:04
etc. And so you have a right of entry hearing right at the beginning,
33:07
and the judgule normally enter an order letting them enter a meaning use the
33:14
property, but they have to deposit with the clerk the amount they've offered.
33:19
And so when we get involved and we're usually able to very quickly get that
33:22
money to our client, and then the rest of the case continues and it's
33:27
about what more, if any, are you entitled to as a result of
33:30
the government's take. Okay, yeah, we've gone a lot of those over
33:32
here's a lot of them throughout thirty five, right when they were expanding it
33:36
in Putnam County. Let's go to the line. Jerry is on with Tom
33:38
Peyton. Jerry, go ahead, good morning. My question is this last
33:45
summer I was sitting here a stoplight on a motorcycle and a young lady came
33:50
up behind me and hit me so hard that it completely totaled the motorcycle.
33:57
I'm seventy two years old, and I was thrown to the ground. Needless
34:01
to say, you know, when you're hit from behind like that, you're
34:05
usually tossed off. And I never went to the hospital. I wasn't sure
34:10
what injuries I had because I've had so many in the past, and I
34:15
didn't know what was old what was new. Nonetheless, I never signed off
34:21
on any kind of injury paperwork or anything like that. They did, you
34:29
know, pay me for the motorcycle, but to replace that bike it cost
34:32
me four thousand dollars out of my pocket. And I'm getting ready to call
34:37
that insurance company and try to strike a deal, which they would not do
34:46
at that time. They said, well, you didn't go to the hospital.
34:50
You don't have any injuries. I said, well, you know,
34:52
when you when you throw a seventy two year old man onto the pavement,
34:58
it's not like it's a walk in the park, and you cost me money.
35:02
And I'm just wondering, is there anything that I can do to call
35:08
this company and talk to them and see if I can get any satisfaction,
35:14
and I'll take your answer off the air, thank you. J So you
35:19
know if you had I mean, if you're thrown to the ground, you
35:21
probably had some bruising or scratches. I don't know if that was preserved in
35:23
any way, but I mean, there's no real requirement that you go to
35:27
a doctor in order to have a body injury claim. And so because it
35:31
was somebody else's fault. Now this is against somebody's liability automobile insurance, not
35:35
your own auto insurance. That's different. That's a contractual thing. You don't
35:38
usually have extra damages. But so there's there's a few things to and it's
35:44
probably not a lawyer case, Jerry, because you know you're just not a
35:46
money in it, frankly. But yes, I mean your testimony alone,
35:52
like I was sore. You know I had bruising, scratches. Now what
35:58
kind of you know, you don't have lost wages, don't have medical bills,
36:00
so there's not going to be a big value there. But yes,
36:02
you can certainly tell them you want to make an injury claim and maybe even
36:07
provide a witness on a spouse or family member. It says, yeah,
36:09
I remember he was really sore for a while, or yeah, yeah I
36:13
saw bruises scratches. Again, you're not gonna be a lawyer for that type
36:16
claim because the value is not going to be enough. But you know,
36:20
if they want you to release, they're insured the person who calls the accident
36:22
from any further liability related to the bodily injury. They have to compensate.
36:28
There's got to be some consideration for that. So even if it's five hundred
36:30
bucks for example, or a thousand dollars, there is value to that insurance
36:35
company for you signing a release. That way they protect they're insured for the
36:37
potential you might fallow lawsuit in master court or something against they're insured, and
36:43
that's their job is to adjust the claim and but also to protect the person
36:49
they insure from having to get sued and that kind of thing. So yeah,
36:52
you can make the type of arguments I just stated, And if you've
36:54
got any evidence of an injury, it doesn't have to be a doctor like
36:58
a picture, a substantial money of course, that's in the eye of the
37:01
beholder. Um. And then on your when your property damage claim, if
37:06
you didn't sound a release, I mean they should pay the fair market value
37:09
of the motorcycle if it was totalled, or full price to get it repaired,
37:15
plus something for all the time you're without a vehicle. Uh. And
37:17
so that's that's not a number that's you can be as mathematically calculable, but
37:23
you can throw a number out there just for your aggravation inconvenience. So having
37:27
to deal with the property damage. So that's often not thought about either.
37:30
But when it's a liability insurance carrier, that's a damage you're inteled to.
37:34
In West Virginia, there's no formula for it. But but yeah, you've
37:37
got some options. There's aggravation inconvenience on your property damage claim. They I
37:42
truly didn't pay you for that albody because they don't voluntarily do it. And
37:45
then if you got any injury at all, body injury there's certainly bodily contact
37:50
to the ground, then you've got a claim there, not a big one
37:52
but Peyton Law Firm in Nitro, Peyton Law Firm dot com. Yeah,
37:59
or give us a call it office here four seven five five five five five
38:01
six or stop by all right, Tom, thanks, stay tuned. ABC
38:06
News is next. This is five eighty w c HS five eighty w c
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