- legal rule barring inconsistency: a legal rule that prevents somebody from stating a position inconsistent with one previously stated, especially when the earlier representation has been relied upon by others
http://www.merriam-webster.com/dictionary/estoppel
Definition of ESTOPPEL:
a legal bar to alleging or denying a fact because of
one's own previous actions or words to the contrary.
In
other words...Everyone else stop asserting the truth. Ameren is going to decide
for all of you property owners what the truth is and should be, and should have
been for decades even though it has been something else and everyone has
accepted those truths (deeds) for decades.
Ameren sent out letters to the 1500
people a couple of weeks ago who have “encroaching structures”within the
project boundary. But wait, I thought we breathed a sigh of relief that those
homes were “okay, and were going to be protected”. Remember when the FERC came
out with their November clarification and spelled out the fact that they were
going to force Ameren to remove those homes from the project boundary? Well,
that part is going to happen for the benefit of the FERC. The project boundary
IS getting moved so the FERC no longer looks like the Big Bad Wolf forcing the
tear down of thousands of innocent property owners homes….but, not so fast on
your sigh of relief.
We must
remember that over, and over, and over again we heard and read these words from
Ameren:
“The proposed boundary change does
not change current property ownership.”
See, a lot of unsuspecting property owners
thought that this meant THEIR property ownership, thus what they understood to
be their rights. WRONG. This has meant what Ameren perceives as their property
rights all along.
Now that
Ameren cannot claim that they "have to do this becuase of the FERC and
their federal license requirements" , Ameren has to make sure that
they continue to asssert that the property that you have been paying taxes on
for decades is still theirs. They are doing this through the vehicle of an
estoppel certificate that is going to be recorded against your property if you
are one of the "encroaching structures". This is not a favor from
Ameren. Let's make that clear. This is an ugly document that asserts their
rights over yours.
When on
the radio a couple a weeks ago about this issue, there were a some anonymous
emailers who were upset because I was "scaring people" about what
could happen. Well, here is the truth...if my house were an "encroaching
structure" I would and should be very scared by the implications of this
document. I would also be very angry because I KNOW the truth and KNOW that I
have rights. I would choose not to be bullied. But, that is just me. For all of
the rest of you who might want to slip into a state of "normalcy
bias" and choose to believe Ameren is doing the right thing....then keep
drinking the cool-aid. Ignorance is bliss, I guess.
The
letter sent out to the homeowners, from Ameren, clearly explains this to you
below:
---------------------------------------------------------------------------
March 5, 2012
Dear :
The
Federal Energy Regulatory Commission (FERC) is considering Ameren Missouri's
proposal to revise and reduce the FERC "project boundary" to address
encroaching structures at Lake of the Ozarks. According to our research, your
home or other structure may be located on property owned by Ameren Missouri.
Understand: Ameren is
going to reduce the project boundary for the benefit of the FERC so your house
is not ordered torn down, but they want for you to clearly remember that they
assert your home is built on property Ameren still owns.
If the
FERC boundary adjustment is approved, your home (or other improvements) would
no longer be located within the project boundary and therefore would not be
subject to shoreline management or FERC regulatory requirements.
However, what the
estoppel certificate that they plan to record with your legal description will
show that Ameren still contends that they own the ground that your home is
built on.
Assuming
that FERC grants our request, Ameren Missouri also intends to file in the
Recorder of Deeds Office(s) for Camden, Miller, Benton and Morgan Counties the
enclosed Estoppel Certificate which provides an additional measure of assurance
and protection to you, clarifying your current and future use and enjoyment of
your home. An aerial photograph of the shoreline and the revised project
boundary from which you can locate your own residence can be viewed at http://detailmap.tgisites.com/
In
particular, the Estoppel Certificate is:
This is Ameren’s
explanation to you that you do not own the property that your house sits on
(but you still get to pay taxes on it).
· A legally binding commitment by the
Company that it will not take steps to remove existing structures located on
Ameren Missouri property, provided that such structures are located outside
the new project boundary.
· A legally binding commitment by the
Company that it will not take steps to remove structures that may be
constructed in the future on Ameren Missouri property provided, again,
that such structures are located outside the new project boundary.
· Such commitment shall apply to all
properties outside the project boundary that were acquired by Ameren Missouri's
predecessor companies from the 1930s on including those properties acquired
via condemnation.
Ameren Missouri's ownership and easement interests in lakefront property have been a matter of public record since the 1930s. It is regrettable that over time third parties purported to convey title to lakefront property that Ameren Missouri actually owns or created plats and surveys that omitted Ameren Missouri’s property interests. (Yoohoo Ameren, remember your own admission in your boundary line amendment request to the FERC where you say, “ UED reserved an easement for the benefit of its successors and assigns to allow access and construction within the UELP Property or Project boundary” Construction has been allowed in that easement area by your own admission since the beginning for all successors and assigns.
We are not requiring that homeowners revise their deeds to reflect Ameren Missouri's ownership. We believe the FERC order revising the boundary, coupled with the foregoing aspects of the Estoppel Certificate will provide clarification regarding improvements on these lands (The explicit clarification is that you do not own the grounds your home/improvements sit on. Ameren does and that there need be no further discussion....i.e. potential adverse possession suits).
Furthermore, your interests in the property
on which you have built a structure may be transferred freely without the
consent or approval of Ameren Missouri (That is as long as a buyer understands
that Ameren owns the property, and NOT you, and they are fine with it after
full disclosure that what you are selling is NOT YOURS).
Furthermore, consistent with past practice at the Lake of the Ozarks, Ameren
Missouri's consent will not be required in the event a prospective property
owner wishes to finance the acquisition of a home (IF a prospective
buyer can get title insurance in order for the home to be marketable…that is
the big question) located in part on our fee-owned property (Yet, another reminder the property is THEIRS and NOT YOURS).
Our Lake
of the Ozark's office is always available to answer property owner questions at
573-365-9212.
Sincerely,
Ameren Services
Company
Managing Supervisor
Real Estate
So, what does this mean to you? Unfortunately if you got a
letter like this one it is probably time to get advice from an attorney. Do not
get warm fuzzies from this letter or the estoppels because you chose to be ignorant
as to what those documents really mean. Know that a couple of local attorneys
with title companies helped draft this document, so you may want to make sure
the attorney you speak to had no part in the certificate being recorded
against your property.
Learn about the adverse possession argument ,
and know that since you have not been asked to sign and agree to the terms of
the estoppel, you have not consented to it. Know that you do have rights. Talk
to your neighbors, and come up with a plan as to where you go from here.
http://www.lozstakeholders.blogspot.com/2011/12/adverse-possession-and-little-missouri.html
An attorney that I know has a complete
understanding of this issue and has been researching it for years and watching
this fiasco is Tim Sear. He could give you and your neighbors some insight where to go
from here. His information is below.
| Timothy
J. Sear |
|
| tsear@polsinelli.com |
tel: 913.234.7402
fax: 913.451.6205 |
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