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Originally Posted by 007
That's the problem. Eminent domain laws would support them because of how long the fence has been in place. All of the roots for this shit is on their side. I can whack all the crap down on my side but can't stop this shit from growing.
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It was my understanding that eminent domain only applied to government taking of property for the greater good.
What you're referring to, I believe, is Relative Hardship. You may want to seek counsel on this. Reference Christensen v. Tucker.
Here's an excerpt from what I've read on it:
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The elements of this equitable doctrine of “relative hardship” are that (1) the encroaching defendant must be innocent, meaning not willful or negligent, (2) the plaintiff will not suffer irreparable injury by continuing the encroachment, regardless of the injury to the defendant, and (3) the hardship to the defendant if required to remove the encroachment must be greatly disproportional to that which would be suffered by the plaintiff landowner if the encroachment were allowed to continue.
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