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North San Joaquin Water Conservation District obtains restraining order over solar panel

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Posted: Tuesday, September 8, 2009 10:00 pm

A local water district obtained a restraining order last week against a Victor-Lockeford area property owner who destroyed a solar-powered cleaning system he believes was illegally on his property.

San Joaquin County Superior Court Judicial Officer Seth Hoyt Jr., ordered Lawrence Cody Peterson, 41, to remain at least five yards from a solar panel owned by the North San Joaquin Water Conservation District on property west of Tretheway Road near the Mokelumne River. The restraining order expires on Aug. 31, 2011.

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Welcome to the discussion.

3 comments:

  • posted at 5:17 am on Wed, Sep 9, 2009.

    Posts:

    2centsworth: An easement is the right to use the property of another. If you granted an easement to your neighbor to plant corn in the back part of your property, you could not later tear out the corn, or deny him the right to plant and harvest the corn because you want to build a house there unless the easement has been extinguished in some way.It's sort of like renting your house out. Although the house belongs to you, you legally own it, the tenants have the right to occupy the house without intrusion from you, the landlord. You can't enter the property without notice to the tenants and you can't kick them out without first going through the unlawful detainer process.I think, in this case, from the limited facts presented, the easement here is not so cut an dried. I think maybe it arose through prescription (adverse occupation for the statutory period) or by necessity or some other way.

     
  • posted at 5:01 am on Wed, Sep 9, 2009.

    Posts:

    Cody has always had a strong personality! That aside, he may have a valid defense as aginst the District's charges, as the District first claims the panel belongs to the neighbor but then fines Cody when he removes it?Do they own it or not??I'd be interested in knowing what kind of easement exists - prescriptive, implied, express, etc. That would shed a great amount of light on the situation. Regardless, it's obvious that Cody feels that the easement is invalid.

     
  • posted at 3:42 am on Wed, Sep 9, 2009.

    Posts:

    I would like to know why an easment from my neighbor would have anything to do with my property? And, how is it illegal to remove something that I did not give permission for anyone to put there?

     
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