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Posts for: Indiana
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Jun 21, 2023 16:46:17   #
BurghByrd wrote:
When you speak of the law and your rights are you refereing to state laws that might not pertain to someone here from another state?


Laws pertain to everyone, regardless of where you are from. Ignorance of the law is not a legal defense. Thanks for reading my post. John
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Jun 21, 2023 16:42:46   #
LittleRed wrote:
Just curious. If the fenced strip of land has been done so for more than 10 years can the landowner in Indiana claim adverse possession on that portion of land even if it’s a public road? If so would he not be able to post the signage you describe? Also how do you determine whether the waterway under the bridge is navigable. From where I come from there are different rules/regulations on whether a waterway is navigable or non-navigable. The location Property limits on either of these waterways are usually quite different. As to the location of the high water mark of a stream it is in most times questionable with a whole slew of requirements. There is no simple answer and In a lot of cases the true determination is left up to the courts to decide. In fact a lot of the times this location can be clarified to some extent by speaking to the adjacent land owner especially if they have been in the area for a extended period of time.
Like I said, am just curious as to what is what in your neck of the woods. I know what is what where I live.

LittleRed (Ron)
Just curious. If the fenced strip of land has been... (show quote)

Navigable waterways are ones that you can navigate with a boat (deep enough year around water depth). Property ownership for navigable streams is the high-water mark on the shoreline. Non-navigable streams have property ownership into the middle of the stream (private ownership of creeks, streams, and drainage ditches). Rivers are generally navigable. Creeks are not. If a covered bridge is over a "river by name" or a "creek by name" you know what ownership and property rights folks have, or think they have. Adverse possession of land (fencing) is never applicable to publicly owned property (right-a-ways).
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Jun 21, 2023 16:27:10   #
jaymatt wrote:
New Zealand and the USA and its individual states are two completely different animals.

Actually, here in Indiana many properties are owned to the middle of the road. My son and I each own such a property.


So, rather than me explain ownership to you, visit your local county assessor, auditor, or county surveyor, that although your property goes to the middle of the county road and you pay taxes on it, the county has a right-a-way that supersedes your "bundle-of-rights" as a property owner. They are legally responsible for the road and right-a-way, not you, and they maintain the road, pave it, snow removal, mowing the grass in the right-a-way, all of which you are not responsible for because their rights supersede yours. They have complete control, and your only right is to pay taxes on it, and have the same use as every other citizen. If you know the county attorney speak to him/her about this issue. Right-A-ways are public.
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Jun 20, 2023 14:02:08   #
neillaubenthal wrote:
OP noted that some landowners fence land that is technically the public right of way…but unless they get sued over it or somebody complains to the county/city/town governing body or there's an exceptionally dedicated government locally they get away with it.


Exactly!
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Jun 20, 2023 12:41:10   #
chrissybabe wrote:
I seem to have missed the point here. Why is everybody suggesting you give the owner of the trespassing sign the benefit of the doubt ? If it is public land 10' either side of the roads (or 20" either side of the center line seen on here so I presume the 20" was a mistake) then why the hell are farmers or landowners putting up fences and signs within that area ? We are having a war in European over the same thing - somebody wanting to fence off a new boundary just because they think they have a right. Public right of way is just that.
I seem to have missed the point here. Why is every... (show quote)


Thanks for your (I read your post and understand it) response. John
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Jun 20, 2023 12:32:41   #
StanMac wrote:
I’m surprised the state doesn’t cite and fine those property owners for placing permanent structures in the r.o.w. Report them to the state D.O.T.

Stan


It's really a county issue...the county highway department. They just ignore it. When it comes time to maintain the bridge (painting the exterior, roof repairs, structural issues, they effectively trespass to access their own public owned property. The fencing prevents them from access, just as it does me. They know it, I know it, and the adjacent property owner knows it also. No one is going to do anything about it. I stay within the legal right-a way and access the bridges to get my shots. I am aware of the potential repercussions of my actions. If I encounter a property owner, he will be educated by me. I have a 45 year career in real estate as a certified general real estate appraiser and have worked for multiple governmental agencies with these type of issues. Thanks for reading my post.
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Jun 20, 2023 12:14:51   #
Bunko.T wrote:
Are you near Madison County? Clint Eastwood did. the movie there about the same thing. What is the attraction of covered bridges? We don’t have them in Australia, at east not where I’ve been??


Madison County, Indiana, doesn't have any covered bridges. I read the book several times and have seen the movie just as many, and as disappointing as it is, there are no bridges to match the book or movie in Indiana.
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Jun 19, 2023 21:04:43   #
Longshadow wrote:
So does trespassing on a fenced property with signs and guard dogs,
bites.

not
You can not fence a county right-a-way. A right-a-way is 20" front the center of the county road. It is often referred to as a shoulder. People do it because they are not challenged by the county government...and they won't be unless someone complains and shows cause for removal. Government officials are elected, and as such, they do not want to interrupt the status quo. This doesn't make it right, it's just the way it is, but, it doesn't make it legal. So, I know the issues...I dealt with them professionally for years, and that is why I am somewhat adamant about it. No problems so far and I am half way done with the bridges. The Department of Natural Resources (DNR) has already inquired about select photo's for their own use, so I could use that as purpose for my photography. Interesting pursuit.
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Jun 19, 2023 18:53:19   #
Linda From Maine wrote:
Now you're just being silly


People are asserting rights that they simply don't have. I am bringing that fact to the attention of the readers of this post. I don't need condescending responses.
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Jun 19, 2023 17:41:36   #
Linda From Maine wrote:
Have fun, and make sure you have excellent health insurance. Gunshot wounds are expensive. As are bites from guard dogs.

.


Crimes of violence have severe penalties!
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Jun 19, 2023 17:32:44   #
So, I'm photographing covered bridges (91) in the state of Indiana. Many bridges in rural areas have property owner fencing adjacent to the roadway with no trespassing signage in clear view. There intent is obvious...stay the hell off my property. But here is the thing; there is a ten foot right of way on both sides of the road, and they are eliminating access with their fencing. The dilemma: obey the signage, or assert your right to public access. To get to the waterway to photograph the bridge, I need access. I assert my rights. Additionally, some prohibit access to the waterway the same way...but here is the thing, they do not own to the shore line, only to the high water mark, which is defined by flooding. Knowing the law, I assess the situation and determine how bad I want that waterway view of the covered bridge, and act accordingly. I know the law, and I know my rights...but, I don't know the hostility that could come down on my head. I take a pocket full of money, and if necessary, I'll buy my way out of hostility, and I walk away with the shot! Got to have guts, determination, and a clear view of what you are doing. Navigable streams are owned by the state. Having fun but being cautious also. Get the shot!
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Jun 7, 2023 10:48:31   #
If it says "auto pay" or "automatic renewal" I simply don't buy.
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Jun 4, 2023 11:54:51   #
There is something nostalgic about photographing old structures like barns. I am photographing Covered Bridges in Indiana, and sense the same excitement that I am sure you have in your barn assignment. There are 92 Covered Bridges in Indiana, and I am 1/3 of the way to completion; hopefully by the end of summer. Your photos look awfully familiar as there are many similar subjects in Indiana. Thanks for posting. Nice photos.
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Jun 4, 2023 11:35:53   #
Sidwalkastronomy wrote:
I see people using auto ISO and wondering WHY?
I shot as low as I can 100 to 200 and sometimes 400. I realize it's only one third of the triangle and modern sensors can do a lot more. Most cameras have limit sensors for high and low but curious if there is a reason for auto that I'm missing

I use Canon rebels crop sensor 77D and T7i. I'm happy with my cameras and can't justify expense of upgrading, too many other hobbies.


I am photographing covered bridges in Indiana. I have my D850 16x35 lens set on auto ISO. Why? Because I shoot the inside and outside of the bridges, in shade and sunlight, and don't have to concern myself with shutter speed with auto ISO. Inside of covered bridges is very dark. I only concern myself with composition and subject matter. I leave the rest to the camera and lens. Works for me. My photos look great even in unprocessed RAW.
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Jun 2, 2023 18:18:35   #
Very impressive. Thanks for posting.
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