[BC] Re: No-code Amateur license

[Larry Albert]

At 11:21 AM 7/25/05 -0400, you wrote:



<SNIP>

> > The code isn't the only thing discouraging new hams.  In my county*,
> > AFAIK no subdivision started within the past 40 years allows antennas.
>


<SNIP>

>  He lost the case, though, on Federal pre-emption.
>  Precident exists to argue that localities can not restrict amateur 
> antennae !
>
>  Methinks that should one wish to push it, the subdivision would lose.

   I THINK subdivision would win.

   The restrictions are usually part of the restrictive covenants that are 
agreed to when purchasing the land and run with the land - FOREVER.

   The antenna restrictions are just as enforceable as restrictions on size 
and style of the house.  Also subdivision may have setback requirements 
that are larger than those required by local ordinances.

   By buying the property you agree to the restrictions that are public 
record at the local court house.

   SOME restrictive covenants have been held unenforceable by courts.

   In the past there were restrictions against selling to members of 
certain racial, ethnic, or religious groups.

   Albert

   My claim of some little expertize in this matter is based on holding a 
current Real Estate license in KY.