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Legal Question?

Discussion in 'Shooting Related Threads' started by Sprinklerman, Aug 30, 2013.

  1. Sprinklerman

    Sprinklerman Member

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    I have spent great deal of time setting up a sporting clays course on property owned by my mother. Our first public shot is this Monday. 1 neighbor has been a problem. I have told them that I was not throwing targets across the property line or shooting at their buildings which are over 2000 feet away. First they went to the county zoning administrator and said I was building a house without a permit. I am not building any buildings or structures at all. The administrator was given a tour and that ended that problem. Next they went to the county attorney, he told them there were no laws to prevent me from have a sporting clays course and shoots. Last night I found out that the nearest city (population under 200) is having a special meeting today to possibly enact an ordinance prohibiting shooting ranges. They have a 1 mile jurisdiction from the city limits. Well the city cemetery extends to with in about 4500 feet of our property. My question is if they are able to pass an ordinance prohibiting ranges with in 1 mile will I be Grandfathered in?
     
  2. FlaLagarto

    FlaLagarto Well-Known Member

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    Personally I think you need the help and advice of a "real" lawyer.. Not TS.com keyboard info.. while I'm sure everyone here means well, it's not always the best advice.

    Jerry B
     
  3. HSLDS

    HSLDS Well-Known Member

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    Ahh, 4,500 yards is about three miles, so what is the issue?

    That being said, does your state have a range protection law? If so you are probably OK.
     
  4. Leo

    Leo Well-Known Member

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    Good Luck
     
  5. ivanhoe

    ivanhoe Well-Known Member

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    A lot closer to 2.5 miles then 3......LOL

    Bob Lawless
     
  6. Sprinklerman

    Sprinklerman Member

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    HSLDS, sorry I miss spoke it should be 4500 feet not yards.
     
  7. Catpower

    Catpower Molon Labe TS Supporters

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    Don't know what state you are in, but here in Texas they passed a law that if you have over 10 acres and not in a subdivision nobody can stop you from shooting on your land

    There is a town north of Dallas that has grow way too fast, and has partially surrounded a ranch owned by the Brinkmann's the BBQ builders, every fall they idiot residents of the town complain when dove season opens, and the city council wants to shut them down so bad, but they can't
     
  8. Sprinklerman

    Sprinklerman Member

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    Catpower, I am in Nebraska, our property is 1260 acres.
     
  9. SeldomShoots

    SeldomShoots Active Member

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    Thats a big question with multiple outcomes depending on what the zoning code states that applies to your location.

    1. Find out who has zoning jurisdiction of your location, County or city?

    2. Find out what zone you are in.

    3. Find out if there are any prohibitions for a shooting range in that zone or if it takes a certain zone, variance of use or special exception.

    4. Make sure that you shot falls safely on your property.

    5. If it turns into an issue with neighbors, you may need to get an expert that can provide testimony as to safe shot fall, decible levels at the boundaries of your property with this activity, if it turns into a battle at the level of a planning commission, board of zoning appeals meeting or court battle.

    6. If, and I mean IF THERE IS ABSOLUTELY NO ZONING PROHIBITION against your developing a shooting range pursuant to the zoning code covering your location and you have shoots prior to there being an ordinance adopted, you should have non-conforming use rights once it starts. However, if an ordinance prohibiting such a use is adopted by a local government that has jurisdiction over the zoning of your land, you will probably not be able to develop it to any further extent without meeting whatever criteria you have to follow. YOU WOULD BE WELL ADVISED TO CONSULT WITH AN ATTORNEY IN YOUR AREA FAMILAR WITH ZONING REGULATIONS FOR YOUR AREA AND THE HEAD HONCHO OF ANY BUILDING DEPARTMENT/PLAN COMMISSION FOR YOUR AREA, and try to get the statement that it is not prohibited in writing or a copy of the zoning code as it exists now.

    Begging for foregiveness rather than asking for permission can be a costly venture sometimes. You better get all of the facts you need to determine what you can or cannot do.
     
  10. EuroJoe

    EuroJoe TS Supporters TS Supporters

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    Watch out for "noise pollution".... very tough to beat.
     
  11. g7777777

    g7777777 TS Supporters TS Supporters

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    Forget all the advice above. It is BS except those that advise to consult with an attorney

    I am an attorney and have represented different interests in this type of situation and before various commissions, boards and courts.

    I know that everything is done locally in rough accordance with state law allowing for discretion by all bodies.

    See a local attorney that will handle this and plan on paying an hourly rate.

    Just from your description of what you did- depending on the jurisdiction there could be significant problems.

    See a local attorney

    Regards from Iowa

    Gene
     
  12. HSLDS

    HSLDS Well-Known Member

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    Looks like you do have a range protection act in NE (see above link).

    There is more here on how local towns may regulate - http://smartgunlaws.org/local-authority-to-regulate-firearms-in-nebraska/

    Worse comes to worst you cold sub-divide your mother's land with a strip of land 900 feet wide between the existing property line and the 'new' line - that would put the land in question over one mile outside of the city.
     
  13. Sprinklerman

    Sprinklerman Member

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    HSLDS, Thanks that at least gives me something to present to city council.
     
  14. R.Kipling

    R.Kipling Well-Known Member

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    Not a legal answer, but how did a "city' (200 people?), which presumably your property is not in, get legal authority to enact laws beyond their boundaries?? Just doesn't sound right to me?

    Kip
     
  15. Brian in Oregon

    Brian in Oregon Well-Known Member

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    Deplorable Bitter Clinger in Liberal La La Land
    Consult.

    An.

    Attorney.
     
  16. Ted K.

    Ted K. Member

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    I AM a lawyer (but not in a jurisdiction anywhere near you).

    Trying to handle this problem yourself based on advice from a website is as nutty as trying to handle an appendectomy yourself. Yes, you can save money doing it yourself, but the likelihood of a favorable outcome is quite small.

    One bit of advice - get a lawyer skilled in the area of land use (which I am not), not someone with "connections".

    Ted K.
     
  17. Sprinklerman

    Sprinklerman Member

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    I spoke to the mayor and was told they have jurisdiction 1 mile beyond the city limit. I took the mayor for a tour an showed him what I had going on. Sounds like he is on my side but has to play along with the council.
     
  18. Sprinklerman

    Sprinklerman Member

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    To make things worse the problem neighbor is female state trooper. Likes to throw her weight around, and she has plenty of that.
     
  19. Advocate33

    Advocate33 TS Member

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    I am a lawyer and a quick look turned up Nebraska bill 1126 which became law in 2012 under which a county can cede jurisdiction to a "class two" city or a village over a 1 mile area beyond its boundaries. So, the mayor may be right but like everybody else, my advice is to hire a good lawyer in the area familiar with land use law.
     
  20. Ted K.

    Ted K. Member

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    The mayor is a politician, and thus will try to get everyone involved to think that he is on their side. The trooper probably became a trooper so that she could throw her weight around. However, in this area, a state trooper doesn't have much weight, except perhaps through intimation.

    A good lawyer is not going to be duped by a politician's smile or intimidated by a trooper's innuendo. You are not a lawyer, good or otherwise ......

    Ted K.
     
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