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04-29-2009, 04:23 PM
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Silver
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Join Date: Aug 2007
Posts: 331
(67)
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30 metre rule for rivers??
I am told that similar to the 60 metre rule about the distance of buildings from the sea there is a similar rule or law restricting any construction from a river within 30 metres. How is a river defined? How wide does a ditch or sanja have to be before it is defined as a river ? There must be some kind of legal definition otherwise many buildings and constructions here could be pulled down or destroyed as being within 30 metres.
At the bottom of our garden there is a small stream and over the years we have fenced it in to stop invading cattle, goats, children and some adults from damaging and stealing fruit and vegetables from our garden. We are told by the Medio Ambiente that there has been a complaint that villagers and their animals no longer have free access to our property via the stream and that our walls anf fencing should be pulled down. We have been visited by members of the Medio Ambiente, our ayuntamento and syndico who have divided opinions on whether our stream could be defined as a river.
This is why I need to find out what exactly the law says because if what the Medio Ambient says is true well over half the houses in our pueblocito will have to be destroyed as well as making a big mess of our garden.
Thanks in advance.
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04-29-2009, 09:49 PM
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Gold
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Join Date: Feb 2003
Posts: 2,084
(102)
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granca;
I fail to see where the basis is for a neighbor complaining about access to YOUR property either for themselves or for their damned animals. It is YOUR property and NOT THEIRS. Tell them to go "fly a kite" and stay off your land. That's the reason you built the fence and the wall, isn't it?
I appears that they are harrassing you over nothing and to establish their supposed superiority over you. YOU DO HAVE RIGHTS of ownership andpossession, so don't let them intimidate you by complainingto the authorities. Challange even the authorities who may side with the complainant.
Even Foreigners have rights in the DR. it ain't all onesided unless you let it be.
Texas Bill
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04-30-2009, 09:22 AM
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Gold
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Join Date: Apr 2004
Posts: 1,152
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Access
As long as they have access to the water, should be ok, not needed access to your property. but probably cant fence them off from the water.
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04-30-2009, 07:45 PM
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Silver
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Join Date: Aug 2007
Posts: 331
(67)
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Thanks both. No there is no problem to neighbours access to water but I would like very much to read the law appertaining to river bank building restrictions and also Texas Bills refered to law guaranteeing blancos equal rights as other residents. We are told by other neighbours that conversations overheard from SOME Media Ambiente people included reference to blancos having money. If what I have heard about a 15 metre rule is true there are many , many dominicans who have broken this law and this Medio Ambiente are discriminating against me because I am blanco. Any further leads would be appreciated.
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04-30-2009, 08:02 PM
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Gold
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Join Date: Mar 2006
Posts: 1,009
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Quote:
Originally Posted by granca
Thanks both. No there is no problem to neighbours access to water but I would like very much to read the law appertaining to river bank building restrictions and also Texas Bills refered to law guaranteeing blancos equal rights as other residents. We are told by other neighbours that conversations overheard from SOME Media Ambiente people included reference to blancos having money. If what I have heard about a 15 metre rule is true there are many , many dominicans who have broken this law and this Medio Ambiente are discriminating against me because I am blanco. Any further leads would be appreciated.
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So because the law is broken by everybody and you are complaining because it is enforced with you?? and that is discriminating?? Go figure...
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04-30-2009, 09:02 PM
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Gold
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Join Date: Feb 2003
Posts: 2,084
(102)
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ExtremeR;
What sort ofBull Sh**e is that?
It seem to mee that you just might be in full accord with those in this country who make a living defrauding ANY GRINGO who just might happento be in the way of your convoluted sense of JUSTICE.
Maybe you should explain your comment a bit further?
Texas Bill
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05-01-2009, 05:05 AM
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Gold
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Join Date: Mar 2006
Posts: 1,009
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Quote:
Originally Posted by Texas Bill
ExtremeR;
What sort ofBull Sh**e is that?
It seem to mee that you just might be in full accord with those in this country who make a living defrauding ANY GRINGO who just might happento be in the way of your convoluted sense of JUSTICE.
Maybe you should explain your comment a bit further?
Texas Bill
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Do you complain to the police officer that everybody is speeding when they stop you after speeding in the highway?, is that bull****?? if is there a law that prohibit you of something, you cannot break it just because you have seem some people breaking the same law not long ago...
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05-01-2009, 07:13 AM
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Gold
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Join Date: Jan 2006
Posts: 1,255
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Quote:
Originally Posted by ExtremeR
So because the law is broken by everybody and you are complaining because it is enforced with you?? and that is discriminating?? Go figure...
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They refer to this as "SELECTED ENFORCEMENT" which in some societies is illegal.
So, yes, that would be discrimination.
Don ♥ SantiagoDR
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05-01-2009, 09:13 AM
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Silver
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Join Date: Aug 2007
Posts: 331
(67)
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When is discrimination just that ?
I do not really follow the car speeding analogy. With many modern cars the windows are tinted therefore the police cannot see the colour of the driver. Were the windows clear and only persons of a particular colour were stopped then that too would be discrimination. Of the 50 or so houses between me and where the stream joins the river most have broken what I am told this law says yet I am the only blanco and I am the only one who has been picked on. To me that seems like discrimination and not pure chance which being picked up for speeding would be.
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05-01-2009, 09:51 AM
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Gold
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Join Date: Jan 2006
Posts: 1,255
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Quote:
Originally Posted by granca
I do not really follow the car speeding analogy. With many modern cars the windows are tinted therefore the police cannot see the colour of the driver. Were the windows clear and only persons of a particular colour were stopped then that too would be discrimination. Of the 50 or so houses between me and where the stream joins the river most have broken what I am told this law says yet I am the only blanco and I am the only one who has been picked on. To me that seems like discrimination and not pure chance which being picked up for speeding would be.
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Basically, it is:
If an officer sits and watches speeders go by, then decides to stop a particular car, perhaps because it is red, a convertible, a Corvette, etc, then that is "Selected Enforcement" and a judge in the U.S. would dismiss the case if the officer was challenged about it by the defendant.
The officer can not choose which person he will prosecute and at the same time let others violate the law.
That is discrimination.
Of course, this being the DR, they do whatever the hell they want!
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