Urban planning community

+ Reply to thread
Results 1 to 6 of 6

Thread: Government owned properties

  1. #1
    Member
    Registered
    Jan 2013
    Location
    Florida
    Posts
    2

    Government owned properties

    There are some post office facilities and a state department facility in my city. The post office facilities have dead trees and hedges. The state department facility has a sidewalk adacent to in the right-of-way that is in great disrepair. Our code enforcement staff has communicated with the operators of both facilities and they both said they are not required to maintain their facilities according to zoning standards because they are exempt. All of the research found indicates this is correct but it sure seems very unjust when it comes to property maintenance. How fair is it for the post office to be able to have substandard landscaping blighting my city? How fair is it for the federal government just stick local taxpayers with the bill for fixing their sidewalk? Is there any way to compel them to do the right thing?

  2. #2
    Cyburbian Tide's avatar
    Registered
    Oct 2005
    Location
    The Gig City
    Posts
    2,655
    For what it's worth, from Part 102-74—Facility Management of the GSA. I'm not going to tell you how to interpret this and you should enlist an attorney familiar with land use or federal law. Disclaimer; the post office may not fall under the GSA.


    http://www.gsa.gov/portal/ext/public...859/#wp2015420


    Subpart E—Installing, Repairing, and Replacing Sidewalks

    §102-74.565—What is the scope of this subpart?

    In accordance with 40 U.S.C. 589, Federal agencies must comply with the real property policies in this subpart governing the installation, repair and replacement of sidewalks around buildings, installations, properties, or grounds under the control of Executive agencies and owned by the United States.
    §102-74.570—Are State and local governments required to fund the cost of installing, repairing, and replacing sidewalks?

    No, the Federal Government must fund the cost of installing, repairing, and replacing sidewalks. Funds appropriated to the agency for installation, repair, and maintenance, generally, must be available for expenditure to accomplish the purposes of this subpart.
    §102-74.575—How do Federal agencies arrange for work on sidewalks?

    Upon approval from GSA, Federal agencies may—
    (a) Authorize the appropriate State or local government to install, repair and replace sidewalks, or arrange for this work, and reimburse them for this work; or
    (b) Contract or otherwise arrange and pay directly for installing, repairing and/or replacing sidewalks.
    §102-74.580—Who decides when to replace a sidewalk?

    Federal agencies, giving due consideration to State and local standards and specifications for sidewalks, decide when to install, repair or replace a sidewalk. However, Federal agencies may prescribe other standards and specifications for sidewalks whenever necessary to achieve architectural harmony and maintain facility security.
    @GigCityPlanner

  3. #3
    Cyburbian mike gurnee's avatar
    Registered
    Feb 1998
    Location
    Greensburg, Kansas
    Posts
    2,948
    In some states such public facilities are exempt from zoning. I do not believe that exemption applies to property maintenance, especially if there are seperate ordinances. Double check the state statutes for the precise wording and any court cases/Attorneys General opinions on the provision. After some basic research, chat with your attorney.

    Then take photos of the offending properties and post them at your front door with a sign.

    Oh, and welcome to our little group.

  4. #4
    Interesting fact – U.S. post office lands are exempt from having their lands taken by ways of eminent domain, even if the condemning authority is another federal agency! Good luck on getting them to do anything unless they want to.
    The content contrarian

  5. #5
    Member
    Registered
    Jan 2013
    Location
    Florida
    Posts
    2
    Thank you all for the responses!

  6. #6
    Postal Service says it’s immune from local traffic laws

    A government lawyer’s attempt to get dismissed nearly $700 in traffic tickets given to the U.S. Postal Service is being met with a hearty and humorous, Heck no.
    In a Jan. 22 letter sent to both the city of East Cleveland, Ohio, and the company that operates the city's photo-enforcement program, Postal Service attorney Jennifer S. Breslin says two school-zone speeding citations and five red-light infractions by postal trucks in December should be ignored.
    “In providing mail service across the country, the Postal Service attempts to work within local and state laws and regulations, when feasible,” wrote Breslin, after reminding “To Whom It May Concern” that postal workers promptly deliver over 200 billion pieces of mail annually.
    “However, as you are probably aware, the Postal Service enjoys federal immunity from state and local regulation...
    The content contrarian

+ Reply to thread

More at Cyburbia

  1. The worst POS car you've ever owned
    Friday Afternoon Club
    Replies: 33
    Last post: 31 Mar 2011, 9:12 PM
  2. Junkers I've owned
    Friday Afternoon Club
    Replies: 38
    Last post: 12 Apr 2009, 7:13 AM
  3. Owned!
    Friday Afternoon Club
    Replies: 17
    Last post: 11 Feb 2005, 6:12 PM
  4. Replies: 86
    Last post: 29 Nov 2004, 5:11 PM