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Now, I can certainly understand that there are folks out there, such as yourself, who either haven't invested in the Deming Ranchettes/Sunshine Valley plats in increments of 1/2 to 1 and 1/2 acres, or have acreage greater than/equal to 2 acres in the area. You're obviously in agreement with the Luna County officials because the Government has yet to encroach on YOUR PROPERTY and violate your rights. Anyone who owns between a 1/2 acre and 1 and 1/2 acres care about their property as much as you care about yours. I and others who own the smaller parcels want clean lands and are extremely concerned about the environment, as you are. The problem with what Luna County has done, though, is that they have violated my rights and the rights of landowners who have bought these smaller parcels. Luna County officials have violated U.S. law (refer to my response to Brucifer) relating to ex post facto, a severe violation under Federal Law. Picture yourself paying property taxes for land that (1) you cannot use, or (2) is worthless as an investment, because a County government had decided to renig on its promise to landowners regarding approved plats. I don't think Luna County's priorities have anything to do with septic systems. I believe this matter goes way beyond the issue of septic systems or cattle. If governmental officials are concerned about the environment, they should create a plan conducive to ALL LANDOWNERS, SMALL AND LARGE, to allow for the safe disposal of waste and/or waste water. Luna County officials have not only violated U.S. law related to ex post facto, they have not offered, in Good Faith, any viable solutions to landowners affected by Article 8 of Ordinance 37. You know how silly it would sound to ask a neighbor adjacent to your land if he'll agree to any of the conditions of Ordinance 37?
Unless Luna County wipes Ordinance 37 from its books, Luna County will have sent a message to all potential landowners or land investors in the U.S. that governments having jurisdiction over vacant lands cannot be trusted and, as a result, the value of vacant lands will be exponentially reduced or even worthless, as is the case for Luna County vacant lands under Ordinance 37.
Who would have guts to buy any vacant land, anywhere in the U.S., if a government, which issues deeds, can decide at anytime to change the rules after the deeds are issued to landowners? I know that this matter has affected hundreds, if not thousands, of landowners, and I'm fairly certain that those small landowners, such as myself, will always be apprehensive and will always hesitate before ever buying a piece of vacant land again.
I hope you understand (from a small landowner's perspective). Thanks.
I personally am in sympathy with the small landowner from a purely personal perspective. However I do own a house and land in Deming. (up in the gap) I don't have any really close neighbors but the water and sewage problem is just that, a problem. My well which is at 456 feet is going away and I have to drill a new one which will probably require at least 500-550 feet. My nearest neighbor is at 800 feet. A few more homes in my area will probably mean not enough water for anybody. Add to that the possibility of sewage seeping into the ground water and the entire area is no longer inhabitable.
I don't think it's been challenged in court but I'm sure it will be. So... I've been buying property that joins mine as fast as possible. It has been difficult because all the owners I've contacted are from Florida, California, etc. and have never seen the land and probably never will. They just want to hang on to it for some reason or another. I'm still buying so if you have a lot that joins me, I'm interested.
The soil in New England is entiarly diffrent from southern New Mexico. I see good points from both sides of the fence but still favor the property owners on tis one. Even the feds will enforce a grandfather clause on this Ordinance 37.
Why would anyone think a 1/2 acre of desert would be worth anything? I looked at the map of Deming in the Benchmark Atlas and have to wonder if any of the road are even there. I agree with the protesters that Ordinance 37 had better have a grandfathered clause or it becomes an illegal taking without compensation.
I intend to snowbird to NM someday but I plan on buying an existing house on town utilities in or near Socorro.
I know that few people are going to like this new law. There is a flip side to it that everyone should consider. As an engineer I can see another side. Fresh water on this planet accounts for only 3% of the total water. The rest is salt water. We really need to protect that. In the southwest water of a premium.
In years past out in the country most places were ½ a mile or more apart. Also people use far more water and power than they used to. Most old country homes only had a 50 amp main electrical box as it was used for lights only. Today with hot tubs, watering lawns, and lots of folks (including my own daughters) that want to stand in the shower for 45 minutes, a lot has changed.
With ½ acre lots that's 80 places per 40 acres. Lets also consider that most people neglect their septic system. In many places in the country you now have to sign an agreement that's part of the permit that you will have your septic pumped every three years. This is to prevent any sludge from entering the drain field. Most advanced septic systems use ultra-violet bombardment of the fluid leaving the tank and going to the drain field. This kills all bacteria before it enters the field and leaches to the ground water.
I am no fan of more regulations but consider how it would be if you lived there and one day the ground water became unuseable because of contamination from septic systems.
I own property in another state and there was a stream running through my place. I had to put in one of these advanced systems. It was about $8,000. But in that area a regular septic was about $6,000 so it was not that much more. They would not give me a building permit unless I put in the advanced system.
It pays to make friends or learn how to cooperate. This is why "rich" people get ahead. They learn how to pool their resources so that everyone benefits. So, what is to stop landowners from doing the same thing?
This idea is not for investors, but for people who genuinely want to live in Deming Ranchettes: Basically,
create groups of landowners and have everyone who is interested added to their neighbor's land title.
For example - I have one acre. If you have an adjacent acre, then I will add you to my title and vice versa. Then we are both the land owners of our 2 acres and can live on different parts of "our" property. We can have our shared septic system. Any basic repairs/improvements are shared by all land owners or by the land trust.
Everything should be written out in advance and discussed before owners agree. Everyone agrees with any limitations beforehand, so as to avoid lawsuits. Brainstorm all options ahead of time and get someone to play devil's advocate and bring up all future possibilities or challenges.
In the future, if necessary, the property can be offered for sale to the other landowner first (at a previously agreed price), or to a pre-approved list of neighbors that want to cooperate in this way and have shared interests or lifestyles. Create a legally binding agreement between neighbors.
Like I said, rich people understand that you have to sacrifice a little to get what you want. They do not perceive this as selling out, but just doing business as usual. They are not trapped in survival mode or get emotional about it like others do. That is why they always win or get ahead. Learn to cooperate, keep your promises, maintain your credibility.
By the way, I am talking from personal experience, being the underdog, and repeatedly getting screwed. I have watched my rich family members for years play the investment game and Wall Street, some not so ethically. And they always win... GOOD LUCK TO YOU
I did a search through Enviro mapper (government website) when I worked at the county of Santa Barbara. This area was one of the three areas that was up to the parameters/standards I set for myself for living. Clean air, clean water, no military, no waste dump sites, etc.
So, I bought two lots of land in 2003. I visited in 2005-2006. I liked it. Very clear air. It is high desert, which was fine. A few months after purchasing though, they began to change the ordinance. I could no longer drill a well and could not build unless I had an advanced septic system. I was very discouraged.
Deming officials did not want a bunch of poor people moving trailers onto their properties. On the one hand, I can understand that, but I have to ask, doesn't anybody think outside the box anymore? Compost toilets, water catchment systems, etc. How about community involvement in solving the problems? Their tactics were cowardly and lazy. I even read somewhere that they are preventing neighbors from applying for a "joint well permit" for sharing.
Eminent domain seems to rule the day. Gee, thanks. I can see why Americans are just leaving this country altogether and taking their chances on living elsewhere. I should have purchased the land in New Zealand or Panama when I had the chance.
Last edited by Just Chris; 05-05-2017 at 05:03 PM..
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Parking on Ranchette Sunshine Estate
