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Old 10-31-2014, 03:17 PM
 
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A couple of thoughts.

I saw a report on the national news last night about a gas pipeline being laid along the Blue Ridge Parkway in the mountains in the west part of Virginia. People are outraged but utilities have easements that people never expect to see acted on.

Could your land in the future become part of a hoa?
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Old 10-31-2014, 04:25 PM
 
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Quote:
Originally Posted by cully View Post
I saw a report on the national news last night about a gas pipeline being laid along the Blue Ridge Parkway in the mountains in the west part of Virginia. People are outraged but utilities have easements that people never expect to see acted on.
Most interstate pipeline companies do not need an existing easement in order to build--they have been granted powers of eminent domain to condemn both fee interests in property and easements. People in southeast Michigan are now fighting such a proposed gas pipeline. So much for private property rights.
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Old 10-31-2014, 09:26 PM
 
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Originally Posted by davecj View Post
Just make receiving all of the plans approved by the muni as a condition to close on the property.
Any approved plans would require permits. Permits are good for certain period of time. If you got the permit, but never built anything and regulations were changes, it doesn't mean another permit will be approved.
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Old 11-01-2014, 12:05 AM
 
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I know someone who went to the hoa board before he signed a contract on a property and was promised there would never be any change in the natural woodsy acreage around his house, which was owned by the HOA. The guy I know would have some of the woodsy land on his property too. Not long after he bought, somehow he found out there was going to be a utility line run alongside his home, through the hoa area and some of his. This necessitated upkeep by the utility company, which meant no trees on certain strips so that machines could get through. He and his neighbors were not told in advance...and not consulted at any time. Now they have some views of each other's homes, which no one wanted.

The hoa residents as a whole were not told about this until after it happened. It was not a sale of common property, just an easement granted in exchange for money..however that works. So it didn't need approval by the residents.
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Old 11-01-2014, 10:55 AM
 
Location: East Bangor, PA
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Gosh, I just checked and see all these replies! This property is in a rural township, surrounded by many large acreages (30-50 acres) some of which can be subdivided and some that can't, and smaller lots that have been carved off like this one, on the road frontage. Much land is in state, county or Nature Conservancy. The property directly on one side is about 30 acres where someone is building one house and the properties behind and to the other side the Nature Conservancy is hoping to acquire. This is a very attractive property. It could not be created now, but it was subdivided off years ago. It has not been perked yet but the SEO advised several places to perc, and of course that would have to pass. One stream is along the road but the other does bisect the property, but still leaving room to build and put utilities according to current distance requirements.

When I say as an investment, I didn't really mean a financial investment, I just meant we don't plan to build on it. But we wouldn't want it to become useless.

So the question is, say they decide to increase the setback from the stream from 50 feet to 200 feet, and a property doesn't have 200 feet, is the owner just S.O.L? Or do they make allowances for existing lots? And could they ever be sold? If they suddenly have no legal use, what happens to them?
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Old 11-01-2014, 11:02 AM
 
Location: East Bangor, PA
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There is no plan for changes in road building (highway, etc.) in the area. There are areas of wetland in the township, although not on this particular lot. They differentiate here between a stream with banks, and wetlands which are sort of uneven areas with lots of depressions with little water pools mixed in with swamp. Those areas are very difficult to perk and build. Over the past 20 years, hundreds of acres in the area have been taken out of future development through government and non-profit acquisitions. And yes, the changes in flood plain designation has occurred in this area also, evidently after Sandy. I have heard that many more places are in flood plain, although this particular lot is not in a flood plain area.
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Old 11-01-2014, 11:08 AM
 
Location: East Bangor, PA
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Quote:
Originally Posted by EngGirl View Post
Any approved plans would require permits. Permits are good for certain period of time. If you got the permit, but never built anything and regulations were changes, it doesn't mean another permit will be approved.
Yes, this point goes to my question. Is that legal, when a government changes a regulation, for a lot to be, basically, condemned? Isn't that called a regulatory taking that has to be compensated? I mean, if you have to get flood insurance, or use a more expensive type of septic system, that's one thing. You can still USE the property. But could they make some change that makes it impossible to do anything except go have a picnic there ?
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Old 11-01-2014, 11:25 AM
 
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Eminent domain is absolutely legal. Just a matter of how likely would it be in any given area. There have been great battles and great losses of homes over this...and in some areas the projected lifesaver for the community, the essential business for the community's life never even materialized after they tore down homes and people's past and current lives.
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Old 11-01-2014, 11:59 AM
 
Location: East Bangor, PA
126 posts, read 245,779 times
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Quote:
Originally Posted by cully View Post
Eminent domain is absolutely legal. Just a matter of how likely would it be in any given area. There have been great battles and great losses of homes over this...and in some areas the projected lifesaver for the community, the essential business for the community's life never even materialized after they tore down homes and people's past and current lives.
Well, eminent domain is a little different, they want the title to the property, and there is some compensation. The scenario I am asking about is where the owner still has the title to the property (and pays property taxes LOL) but can't do anything with the property.
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Old 11-01-2014, 01:47 PM
 
Location: Brentwood, Tennessee
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Quote:
Originally Posted by old_grouch View Post
Well, eminent domain is a little different, they want the title to the property, and there is some compensation. The scenario I am asking about is where the owner still has the title to the property (and pays property taxes LOL) but can't do anything with the property.
It sounds like you're talking about vested rights, and that varies by municipality.

You should check the township regulations about vested rights. Our state legislature is requiring a change across the board effective Jan. 1. Ours all center on development, so after a plan is submitted and a shovel of dirt is turned, the development standards that were in effect at the time of approval would apply for 15 years (residential).

But it's the development that is the key. Having undeveloped property just sitting there is a bit more risky.
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