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APPROVED 10/13/2014 <br />OC Board of Adjustment – 8/27/2014 Page 28 of 64 <br /> <br /> <br /> 1 <br />Mark Micol: We have to have him here. 2 <br /> 3 <br />Larry Wright: We have to have him testify. 4 <br /> 5 <br />Jerry Raines: No, I do not have him here. This is like everybody else, everybody else can go home too. 6 <br /> 7 <br />Matthew Rhoads: That’s based on a new easement for which he’ll be compensated. 8 <br /> 9 <br />Jerry Raines: Are you telling me that right now? 10 <br /> 11 <br />Larry Wright: Sir, we do not have dialogue. You’re speaking to the Board. 12 <br /> 13 <br />Jerry Raines: Ok, will you ask him if he means that right now? He said it sir. He talked to me. I did not 14 <br />talk to him. 15 <br /> 16 <br />Matthew Rhoads: If we’re acquiring a new easement then either by negotiation or through eminent 17 <br />domain compensation would be paid for the easement. 18 <br /> 19 <br />Larry Wright: Thank you and that’s on the record sir. 20 <br /> 21 <br />Jerry Raines: Ok now, on chapter 48:11, right of entry prior to condemnation, it says on the fourth lines, 22 <br />the condemner shall give 30 days’ notice in writing to the owner at his last known address and the party 23 <br />in possession of the land of the intended entry authorized by this section. These folks came on my land 24 <br />in May. I got a letter two weeks ago. They been surveying on my property without previous notice. How 25 <br />do I know some dude isn’t sitting out there entering my property? I don’t know who they are. They could 26 <br />be casing my place to rob it. 27 <br /> 28 <br />Larry Wright: Mr. Rhoads? 29 <br /> 30 <br />Matthew Rhoads: With all due respect to Mr. Raines, I need to object to all of this. None of this 31 <br />testimony goes to any of the criteria that this Board considers. I think that his concerns are legitimate 32 <br />concerns and he and I have spoken. I think that this is not the forum to raise those concerns and given 33 <br />that that Board has decided that they would like to end this by 11 o’clock my client’s right to a fair hearing 34 <br />and due process would mean that we don’t listen to irrelevant testimony and take the time. 35 <br /> 36 <br />Larry Wright: Sustained. Do you have something else to present to the Board? 37 <br /> 38 <br />Jerry Raines: I see the rest of this is going south. Ok, I got two things I’m worried about. There’s two 39 <br />things in here, everybody, is this like a court of law what this is supposed to be? 40 <br /> 41 <br />Larry Wright: This is quasi-judicial; it’s not a court of law. 42 <br /> 43 <br />Jerry Raines: So it is not presented as a court of law, that’s what my understanding was. 44 <br /> 45 <br />Larry Wright: We’re here to see if it complies with County Ordinance. 46 <br /> 47 <br />Jerry Raines: And if have not broken the law, everything is fine. What if they’ve broken the law? 48 <br /> 49 <br />Larry Wright: That goes into a court of law. 50 <br /> 51 <br />Jerry Raines: Ok sir, I’m finished. I’ll deal with this on another level if I have to. 52 <br /> 53 <br />Larry Wright: Ok, thank you. Mr. Harvey? 54 <br /> 55