Judge Judy and R/C Model

Decatur, Alabama

Keep in mind that TV court shows are a form of entertainment. Generally they hire a retired judge to act as an arbitrator, and all participants sign contracts agreeing to abide by the arbitration settlement. They usually try to stick to legal principles, but I've seen them get way off the straight and narrow at times if they want to punish somebody for having a rotten attitude.

In this case, if the plane was flying at an established and legally sanctioned airfield, the neighbor probably wouldn't have any legal right to complain, depending on local laws. They do the same thing when the town grows out around the airport, hog farms, chemical plants, etc. It doesn't do any good to complain. The plane crashing in the yard would be a simple civil case where the neighbor collects money for damages. I believe that the neighbor could leave the plane where it sat and post no trespassing signs, and the owner would have no right to collect the plane. That's how the repossession business works. If you don't pay your car payments, the repo man is legally entitled to the car. But if you tell him that he can't trespass, he can't come onto your property to get it. That's why these guys work at night while everybody is asleep. They trespass, collect the car, and leave the property, and then the non-paying car owner has no further legal recourse.

They do the same thing with furniture. Have you ever seen a house with a tiny door built over the regular one? This is usually done to keep the repo man from being able to take the furniture.

The owner of the plane is entitled to his plane but the neighbor doesn't have to cooperate. The neighbor is entitled to compensation for damages, but I don't think that in a real court he would have ever won a harrassment suit, unless he could prove that this particular flyer was consistently harrassing him.

Saw that today. What I wondered is whether the flying field predated the house or vice-versa. They did say that the county had moved them from their original field. Also wondered why, if they have 80 acres for flying, why they kept flying over the dude's house. Here in Southern California flying sites are constantly vanishing as development encroaches, even in areas you would think nobody would build at. I havent flown at my club field in over a year for various reasons but I still renewed my membership this week. I figure that it will soon be the only place to fly. Everyone talks about park flyers not needing a field to fly at but somebody is gonna nail somebody else with one and those will be banned from all parks. I must say I get jealous seeing some of the club fields I see from back east with all that open area. I figure that in less than 10 years, I will have to either move or give up the hobby because there will either be no place to fly or what few fields remain will be so crowded you will need to reserve a slot in advance. Our club field has already been moved once and before we even got the runway paved, they were already building those crackerbox housing developments all around.

Art-

Decatur,Alabama? What makes you think it is Alabama. A Dexonline White and Yellow pages search shows a James Gustafson in Decatur Georgia, but none in Alabama nor in Illinois. James Gustafson is the name of the Plantiff.

Swede

I believe the name was John Gustafson. Decatur, Alabama field is (was) on an 80 acre landfill. John is listed as an Instructor on the club website. Might be wrong.

Art

SNIP

When I was growing up in San Antonio, those were used to move the air around in a non-air-conditioned house. I think they are called transom windows.

I think your idea is reaching, but entertaining.

Huh? Is this true? I have never heard of or seen any such thing. Who would bother? Are the doors on trailers not small enough already?

she used an example of someone driving and crashing into your yard in a car. you cant say that the wrecker driver's ambulance drivers and such can not come into your no trespassing yard. you could not keep a car that crashed into your yard or house just because its on your property. she asked the guy do you want your plane?? its gonna cost you $2500.00 he said yes i still want the plane, she said its yours take it. judgement for the plaintiff for $2500.00 and no you can not keep someone from repoing any of your property, if they go through the right procedures legally. if you dont pay for your car they will come get it no tresspassing signs or not, if you dont pay for your house they will come and sit you $#it out on the curb.

. I

Seems to me that the plaintiff in this thought he would win easily. The defendant was much better prepared. (With JJ, it probably wouldn't have made any difference, she tends to make up her mind before even hearing the case) Her repeated "Those things could kill someone" could also be applied to golf, base and footballs. We had a similar problem years ago with a land owner near our field. We were flying nowhere near his house, but over his property. His complaint was flying over the workers in his orchard. We felt that this was totally reasonable and put a stop to it. Getting along fine with him now.

Let me see, here. If I'm understanding what you are saying, the furniture is placed upon the flooring on the trailer chassis and then the walls and roof are erected? Right?

Speaking as a landlord, if a tenant does not pay the rent, I have to beg the court to award me possession of my house. You can't throw somebody out of their home without going through proper legal procedures, even if you own the house. Example: My tenant stopped paying rent. We scheduled a court date, which was 42 days after we asked for it. We presented our case and won with no contest because the tenant didn't even show up in court. We were awarded possession of the house, but only after a 30 day period for the tenants to find a new home. When the eviction date arrived, we had to tell the sherrif to evict the tenant, and their rules state that they are supposed to give warning and then ten days. If I had simply gone to the house and put their stuff out, I would be violating the law because my house was their home and I was not welcome there unless invited, except under the terms of the contract that we had signed. These laws are very specific and not always intuitively obvious. I know people personally who have gotten into a lot of trouble from hurried evictions of tenants who were smarter than they were. One landlord told me that as soon as a payment was 5 days late he would go to the house in the middle of the night with a baseball bat and knock the kilowatt meter off the house, and the tenants would move out immediately. That's what I probably should have done.

Incidentally, you're saying the same thing that I am. If the repo man wants your car, he will come and get it whether he is trespassing or not. But you have the legal right to order him off of your property. That's why they always come when you are sleeping. This really is true. If you crash a blimp onto my roof and I don't want you on my property, you have no legal right to come onto my property and get it. This does not mean that I am holding it from you. I am asserting my property rights. I also do not have a right to damage or alter your blimp. I have to let it sit.

Wrong, Call your local Sheriff or Police Dept and see what your told.

You will probably be told that if you request return of your property and are refused that the person refusing can be charged with theft.

I wonder how she would react to 6 armed balloonists?

Just because your stuff ends up on somebody's private property doesn't give you right-of-way into that property.

You need to consider the circumstances under which you are entitled to enter private property. There has to either be an established public right of way, a court order, or the permission of the owner. For all practical purposes you can generally enter the property, get your stuff, and leave. But the owner always has right of refusal to let anybody in or not, regardless of what is there or how it got there. If you have just cause to enter private property, you can get legal backing from the court. The court may rule in your favor, but just as I did when kicking out deadbeat tenants to get my house back, you will usually have to wait over a month for all of the court dates to come around.

As somebody else mentioned earlier, ask the sherrif. Just because he wears a star doesn't mean he can go into private property either. Even when they're looking for criminals they have to get a warrant signed by a judge, and to get that they need probable cause.

Read the law, and think about how you obtain a legal right under the law. You can usually get where you want to go, but if you go through proper legal channels it will take a while. That's why I think it's an even better idea to simply be better friends with the neighbors. The original guy in question should have tried to get the neighbor addicted to RC and he would never have had a problem in the first place.