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Possession without Possession|
Bank of America & Broker steal
house from Owner & Renter
without Writ of Possession
L.A. Sheriff allows it
(BofA, Nelson Sanchez, (pastor)David Sarinana, Century 21: A Better Service Realty)
RVs (Recreational Vehicles) are being banned by many cities.
There are 3 Types of Bans:
1) Some Cities Ban Overnight Parking by RVs
2) a few cities even ban them during the day, too
3) and a few cities even ban them on private property.
You Can Fight City Hall
Homes on Wheels et al vs City of Santa Barbara 2011
Homeless RV-ers fight Santa Barbara ban on RVs
in Santa Barbara Superior Court 2011 - Case # 1382184
SANTA BARBARA, Calif. -- Homeless in Santa Barbara is reporting an attorney for an RV advocacy group called Homes on Wheels (HOW) has filed a lawsuit against The City of Santa Barbara, asking the court to strike down a 2009 RV Parking Ordinance because it discriminates against people who use RVs for transportation and habitation.
According to the news report, Attorney Joe Allen, acting on behalf of HOW and RV dwellers Linda Miller and Gregory Rose, said the ordinance makes it impossible for RV dwellers to park near many schools, churches, hospitals and public parks in the City without risking a costly ticket that could also lead to the loss of their vehicle.
Read more at HomelessinSB.org
Previously, about 2004, Homes on Wheels won on appeal,
because Santa Barbara did not post adequate signs
Read more at National Homeless.org &
Short List of RV-Unfriendly Cities
A few comments on RV.net:
there was a case in Ohio about 30 years ago in which the State appellate court ruled that zoning restrictions for purely aesthetic reasons are unconstitutional, and that the ordinance, to be constitutional, must be a valid exercise of police power, e.g. the power to regulate for the public health, safety, morals, and welfare. It costs a lot of money to bring such a case however, which is why few do it and the reason the cities get away with unreasonable restrictions.
One of the most significant decisions involving RV parking took place in Euclid, Ohio, in 1977. This was a major victory for RV owners for two reasons: the focus of the case was on aesthetic values, and the case reached the U.S. Supreme Court.
Following is a synopsis of the events that led to this landmark decision; the text was prepared by Corinne Shulman, a California attorney. The case is known as City of Euclid v. Fitzthum, et al., 48 Ohio App. 2d 297,357 N.E. 2d 402 (1976), cert. denied 429 U.S. 1094, 51 L. Ed. 2d 540 (1977).
Some years ago, Euclid, Ohio, adopted an ordinance that prohibited the parking of "any type of truck, trailer, auto trailer or trailer coach" in residential areas, on either public or private property, unless such unit was "parked or stored in a completely closed structure."
In 1974, nine RV owners were cited for parking their RVs on their property, and they and others banded together in a determined effort to fight the ordinance. The matter was tried at the municipal court level as a criminal offense and the owners were found guilty and fined, the trial court finding the ordinance constitutional.
The RV owners appealed and the Ohio Court of Appeals reversed their convictions, finding the ordinance unconstitutional. It is that decision, made in February 1976, to which we've referred you, for subsequent petitions by the City of Euclid, first to the Ohio Supreme Court and then to the U.S. Supreme Court, were both denied and the opinion of the Ohio Court of Appeals is now final. The state appellate court said that in Ohio, zoning restrictions for purely aesthetic reasons are unconstitutional, and that the ordinance, to be constitutional, must be a valid exercise of police power, the power to regulate for the public health, safety, morals, and welfare. The court then stated that:
The vice of the present ordinance is that the record will support neither an application of the ordinance which bears a substantial, and therefore reasonable, relationship to public health, safety, morals or welfare nor the imposition of a taxonomic scheme based on any state of facts that may reasonably justify it. Part of the lack of reasonableness is exposed by evidence of an uneven regulatory application.
Reviewing the facts illustrated the "constitutional inadequacies of the ordinance." The city had produced testimony to show that a trailer parked in a driveway would interfere with access for fire-fighting equipment, would serve as a conduit for fire, was more difficult to move than a car, lowered property values, and under certain circumstances, could create a safety hazard by obstructing the view of street traffic.
The RV owners had produced evidence to show that automobiles (which were not prohibited from driveway or street parking) could be conduits for fire and/or cause fire hazards and may be unsightly when stored outside. But the state appellate court properly disregarded this evidence, following a generally recognized rule of law that it is for the trier of the fact (here the trial court) to resolve conflicts in evidence. The court then posed and answered the constitutional question:
Where, then, are the Due Process and Equal Protection vices of the ordinance? They lie in the indisputable fact that enclosing vehicles classified as trailers does not change the fire hazard propensities and it does not enlarge health safeguards. Indeed it is clear beyond peradventure that enclosure may diminish health and safety factors by trapping sewage spillage from portable sanitary facilities and collecting highly flammable escaping propane gas which would otherwise be dissipated in the air. These are factors too obvious to be resolved on mere credibility determinations. They point up the arbitrariness and unreasonableness of the attempt to regulate. Uncontrovertable evidence also supports the Equal Protection violation in requiring vehicles in the trailer classification to be enclosed.
Join Good Sam Club and get the RVer's Rights Manual with legal citations to fight City Hall.
GoodSamClub members fight Antioch, CA - see CONTRA COSTA TIMES
New Second Edition Now Available!
Walmart Atlas is a comprehensive guide to nearly 4,200 Walmart stores, Supercenters, and Sam's Club stores in the United States. Detailed maps show you where the stores are located and whether gas or diesel fuel is available.
Information for each store includes:
City or town where the store is located
Type of store (Walmart, Supercenter, or Sam's Club)
Availability of gasoline and diesel fuel
Distance from Interstate highway within ten miles
Open 24 hours
Whether you're a blacktop boondocker or regular shopper, the Walmart Atlas will help you locate stores throughout America!
Note: This 264-page book is NOT the same as the Rand McNally Road Atlas (Walmart Edition) that is sold in Walmart stores.
Can I park my RV at a Walmart store?
While we do not offer electrical service or accommodations typically necessary for RV customers, Walmart values RV travelers and considers them among our best customers. Consequently, we do permit RV parking on our store lots as we are able. Permission to park is extended by individual store managers, based on availability of parking space and local laws. Please contact management in each store to ensure accommodations before parking your RV.
List of Walmarts that prohibit overnight parking.