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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4164
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I am a veteran of Iraq and Afghanistan. I am a disabled veteran. I

Resolved Question:

I am a veteran of Iraq and Afghanistan. I am a disabled veteran.
I am coming under fire from my local government because of my boat. It is parked in the pasture of my family's 5 acre lot. It is properly tagged and in good repair. I have found no ordinances banning boats or any vehicle in proper order. I have been harassed to move the boat because of the complaints of a neighbor to the township. After months of this the township has caved and I have been told I am not allowed to keep a boat on this property . This does not apply to any other member of the township and is solely aimed at me. I use this boat as a stress reducing activity for the treatment Of my disability.
I feel i am openly being discriminated against. What do I do?
Submitted: 1 year ago.
Category: Legal
Expert:  TexLaw replied 1 year ago.
Hi,

Thank you for your question.

How is the town telling you that you cannot keep the boat on your property? Are they citing you with a ticket or letter? If so, what does that document state as the authority under which the town is acting?
Customer: replied 1 year ago.
They have been harassing us with phone calls and have threatened to give us written notice which give them authority to come onto our property and remove it, according to the town official. They refuse to state what statute I'm violating.
Expert:  TexLaw replied 1 year ago.
If the local government invades your property without authority and impounds your boat, it is breaking all kinds of laws. I do not believe that the town would risk the kind of lawsuit you could file against it without having some sort of statutory authorization.

So, we need to see if there is any indication why the town believes it can act in this manner. Can you tell me the name of the town so that I can see if their local ordinances are posted anywhere?

Also, is your property within city limits?
Customer: replied 1 year ago.
I am in kennett township in chester county PA. I am in the township limits.
Expert:  TexLaw replied 1 year ago.
I suspect they are going to site you for violation of the following ordinance:

http://www.kennett.pa.us/ordinances/Ordinance133.htm

This is because you are stating that this is based on a neighbor's complaints about you parking the boat on the property. Further, the statute allows the city to abate the nuisance by removing it.

You have two options in this circumstance. The first would be to file a declaratory judgment petition with the local court for a declaration from the court that the boat does not constitute a nuisance. The second would be to contest through the municipal court when the nuisance charge is sent out to you, as there is a $1,000 a day fine that is accompanied with this asserted violation.

If you do not have money to fight this sort of charge and don't want to risk having the boat confiscated, then you may just be forced to move the boat off the property, or to build a storage shed housing the boat.
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4164
Experience: Lead trial/International commercial attorney licensed 11 yrs
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