Proposed Easement Advice (Long)

[marks]

In addition to the outstanding advice already given, keep an eye on the developer's intentions. Consistently talk to the County Planning Commission, and Planning Department, realtors and the like. With so many homes going-in, your mom my want to move on, as painful as that may be. I'm glad to see that you're actively helping her get the best deal for the family property.

 

[stumpfield]

The funny thing about this property is that the city had the opportunity to buy it for $20 to 25k per acre in 1999 and refused on the basis that it would no longer be on the tax rolls. All most everyone living in the area believed this land was already city open space and have been shocked to find out that homes might now be built.

ultrarunner: Be careful that eminent domain is not what we normally assume that the city take it for public use. The city can and often use eminent domain to take your land and "give" it to a developer and still fit in the "public use" definition. This is happening all over the country where the city is taking land from one private party to benefit another private party.

Also, County Planning Commission, Planning Department and redevelopment agency...etc. are not neccessary on your side but it's good to be in contact with them and be aware of what's going. Protect your mom's interest 1st.

Do what Eddie sugguest is a great start. Even with no intention to sell, putting the property on the market would get any potential buyers interested in the developer's property to also contact you and include you as a player on the table. If it doesn't do anything, it will at least in favor of defending the take over if it does happen one day.

 

[ultrarunner]

We had a family meeting over the weekend and we are leaning towards the idea of listing her property (Acerage Only) at a high price based on what I have learned on TBN.

Mom had no intentions of selling but she also wants to protect what she and my father worked so hard for.

As a side note, two different groups canvassed the neighborhood over the weekend with flyers urging the "Community" to come together and stop this development.

The flyers urged everyone to voice their opposition to the city fathers, from the mayor on down. A homeowners group has started a legal fund... this could get very interesting...

 

[EddieWalker]

Almost as scary as having a developer take over your land, is having a bunch of well intentioned do gooders get involved. They are driven by emotion and feelings. Common sense and what's best for you have zero influence on them. What has made California a place I no longer wanted to live in is a result of too many do gooders forcing everyone else in the state to live by what they "feel" is the best thing. I'd rather fight the developer and city hall together than an organized group trying to protect something that doesn't need protecting.

I wont' name names, but one of the largest environmental organizations in the country spends tens of millions of dollars to protect the forests and trees. They rais allot more money than they spend from local citizens who want to help out and make it all better. What the general public doesn't know, and it's rarely reported, is that for a very generous fee, this nationwide environmental organization will work with a developer to get them to build homes or other buildings on land that was protected, either by law, or by there own organization.

I know this for a fact, because of some minor involvment I had in getting one of the leaders of this organization to resign, and getting a very huge settlement for a friend. I didn't testify, but I did help find some proof by dumpster diving a few nights a week with another friend.

Let the local community groups do there thing, but be very, very, very hesitant and cautious about what you tell them. You can never protect what you say once you say it, and it's extremely easy to say something that can come back to haunt you the rest of your life.

Cover your but and keep a low profile. Hopefully it will all blow over and you'll be no worse for it. But if something comes up, you need to be ready to deal with it, and having a group attached to you or the land in any form, even if it's just perceived, can have some very negative results.

Sorry for all the gloom,
Eddie

 

[EddieWalker]

Let me just add this.

I realize I'm extremely biased and judgmental on this topic. I also freely admit that I'm in no way qualified as any sort of expert here. I was on the sidelines a few times and have a very sordid opinion on how these things can go.

I'm also a very small time developer too. I'm pro government, pro development and pro for protecting the environment. These are all good things.

I've never met "ultrarunner", but we actually know some of the same people and I know his general area. I'm just trying to offer what I can to give him as many options as possible in case things go bad.

Thanks,
Eddie

 

[dmccarty]

Ultrarunner,

You might also want to see a tax and/or real estate lawyer as well. For the amount of money that is on the table there could very well be tax issues for your mom to consider if she sells. And if she decide to NOT sell and your family inherits the land there will be tax issues. Now is the time to dig and figure out what to do.

It sure sounds like the developer got in over his head. My wife is working with a family selling some land they inherited. They have another parcel of about 50 acres in a much better location they live on. Developers have been in there trying to get it cheap. The quick on the fly guestimate was that the land is worth at least a million. So the family will have to decide to sell now or let the kids sell later. One child and the mom heard a million dollars and started thinking. Dad does not want to leave. But at some point he might want to sell. But they need to figure out the tax implications either way.

As far as I'm concerned you mom should not allow an easement. It should only be a purchase. And with very clear conditions regarding setbacks, maintenance, etc, if she desires. No easements.

Regarding emminent domain I would not worry about that too much. Can it happen, yes. But does it happen often? Not when its a private developer. In NC its usually done to expand roads and people, unless they are clueless, get the proper value for their land. The Supremes made the nimrod decision that allowed the G'ment to take private land for public/private entities but that has caused many states to pass laws preventing such takings. So check you state laws.

Plus, can you imagine how much fun the local news would have with the story of the Big Bad Developer taking away the widowed retired womans house she worked all her life to get?

Eddie's warning about the Locals getting into this can be good or bad is on the money. Pun Intended. I have been on the victim of people butting into my business. If you mom DOES want to sell then she is going to have to deal with this group.

Later,
Dan

 

[InlineDieselFan]

Putting it up for sale would certainly seem like the easiest and best way to go for a short term and perhaps long term.

Emminent domain could easily hurt your mom, as mentioned the city can take it and give it or sell it to the developer as they see fit, or make it into a park.

If the lawyers get deeply involved (you need some good legal advice now though, so do consult an attorney for options) and this is drawn out in court you and your mom lose, both money and health due to the added stress.

An easment, what a PITA, and your mom gets a road and maybe some cash not worth the increase in traffic, let alone the construction noise, dust.

steve

 

[turnkey4099]

JKust a few remarks. They have been mentioned but not very clearly.

If the development goes in, her taxes are going to go up, way up.

The easement, if granted, is worth money, lots of money.

Putting the land up for sale with no intention of selling: Can that be done? You put a million dollar price on it and someone offers can you refuse?

Harry K

 

[ultrarunner]

Because of Prop 13 passed by CA voters in the late 70's, Mom's property tax will not go up. The tax is limited statewide to 1% and is based on the original "Purchase price." Additions and remodels will trigger reassessment when improvements are made.

The actual tax rate for her area is about 1.4% because of voter approved special assessments. Seems the voters in her city never met a tax they did not like...

I think the key in listing her land for sale without intention of selling it is to set the price high enough so that if it sold she would be for it.

Mom has made it clear that she is not interested in any type of joint venture the developer has suggested. She is very content to enjoy her home and grand kids.

Yesterday the developer called and said he would like to schedule a meeting with the entire family to explain the "No brainer", "Win-win" opportunity (the developers exact words) he is offering....

 

[dmccarty]

That is real interesting that he wants the "entire family" at the meeting.

Is he going to offer to buy out mom with a pile of money that would somehow allow the family to pressure mom to sell?

Is the meeting going to take place?

Later,
Dan