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There currently is a private school being built across the street from my rural horse farm, basically re-defining the area as more of a commercial zone now. The situation is that the school is for Autistic children and operates year round ($3+ million income from tuition), it’s presently located in the city limits. All the surrounding properties expressed their concern that we would all be at increased liability if we continue our farming practices, due to chemical sprays, large agricultural equipment use,and in my case since my place is a horse farm (and has been for over 50+ years) the liability of a child climbing the fence and being injured by a horse.
Of course the argument back was that we “had the right to farm”, of course we all know a parent of an injured child “has the right to sue”.
The school originally looked at my property to purchase, but it was not a fit due to the Exclusive Farm Use zoning. They are building on Rural Residential land which allows private schools. The folks while viewing my property loved it because in their words, “it’s open and these autistic kids run-off all the time.” “With the openness we could spot the escaped kids”.
They are building a 25,000 square foot structure, that is about 35+ high, basically bigger than some strip malls in the adjacent city. The parking lot will take up 3 of the 4 acres, so the property is pretty much filled with structure and pavement.
Now I am well fenced, and will be putting up “NoTrespassing” signs, but any lawyer in going to argue a developmentally disabled child couldn’t comprehend the signs if a child does climb the fence and gets hurt, or worse.
It is no longer is appealing to sell to a "farmer", even though it is defined as "farm land", and I'm reducing my operation to reduce my liability.
Any advice, suggestions, thoughts on getting my land rezoned? Has anyone had experience with this sort of situation?
Thanks.
Last edited by gray horse; 10-31-2014 at 01:37 PM..
The folks while viewing my property loved it because in their words, “it’s open andthese autistic kids run-off all the time.” “With the openness we could spot theescaped kids”.
This ^^^ is really unprofessional. I can't believe someone actually said that to you.
At any rate, I would argue that now you have an even better chance to have your land rezoned.
Everything depends on what the various zoning ordinances in your area allow, but you would have a better shot at rezoning if you had a developer with an option on your parcel. Then they would have a representative go before the local govt body in charge of zoning and make the case. Some municipalities require that certain rezonings have a specific development plan attached to them, and the vote for the rezoning is a vote for THAT plan. Others, however, only are changing the zoning itself while a specific planning commission or board votes on the specific development plan.
The folks while viewing my property loved it because in their words, “it’s open andthese autistic kids run-off all the time.” “With the openness we could spot theescaped kids”.
This ^^^ is really unprofessional. I can't believe someone actually said that to you.
At any rate, I would argue that now you have an even better chance to have your land rezoned.
Everything depends on what the various zoning ordinances in your area allow, but you would have a better shot at rezoning if you had a developer with an option on your parcel. Then they would have a representative go before the local govt body in charge of zoning and make the case. Some municipalities require that certain rezonings have a specific development plan attached to them, and the vote for the rezoning is a vote for THAT plan. Others, however, only are changing the zoning itself while a specific planning commission or board votes on the specific development plan.
That's how it's done in my area.
Thanks I have already reached out to a guy that put together a planned community nearby, that he then sold off to a variety of developers. I think that the way to go, great advice Wmsn.
Keep a record of when the guy said this in case anything does happen with one of the children running onto your land and you are sued. Any coversations that would indicate in spite of information about something negative possibly happening to the children these people decided to build and operate there anyway. Note anything lax in their security when they know there are dangers.
Keep a record of when the guy said this in case anything does happen with one of the children running onto your land and you are sued. Any coversations that would indicate in spite of information about something negative possibly happening to the children these people decided to build and operate there anyway. Note anything lax in their security when they know there are dangers.
Thanks Cully, I do have many several emails that show they were considering the place.
In addition when they went for permitting I submitted my concerns in writing to the hearing committee, and it was made public information. Of course the guy's reply in front of the permitting process is that they have "lost" a kid yet, and that they would be "fenced in". They plan to fence a little play area for the kids, but the rest of the property is wide open.
Of course the problem is the general population thinks horses are like large puppies and pretty to look at.
Last edited by gray horse; 10-31-2014 at 04:23 PM..
You might want to look up your state's laws on the " attractive nuisance" doctrine. Unfortunately, that is what many states consider horses. It's not a good spot to be in if you own horses that are easily
accessible to others. Even no trespassing signs do not protect you.
Can you move your pastures to the back of your farm so that they are not visible to the road ? Put up some non climb wire fence ? Plant Leland cypress along the road as a screen - it grows really fast.
Although you may have the better idea of selling the land and getting out of there. Horse farms and school kids across the road is an accident waiting to happen. Along with a parent looking to sue on any pretext.
Sorry you're in this predicament. Do check with an attorney as to your liability and then your insurance carrier to see if you need to increase your coverage.
Last edited by willow wind; 10-31-2014 at 10:54 PM..
Good idea about the attractive nuisance. You should devise some sort of alarm version for nighttime. In addition to injuring themselves you also don't want the kids hurting your horses. Or, if they have an angry streak, doing so intentionally. Security cameras, including nighttime, are easily available and can be hooked up with your computer. Although, you'd want some sort of noise indicator too.
Good idea about the attractive nuisance. You should devise some sort of alarm version for nighttime. In addition to injuring themselves you also don't want the kids hurting your horses. Or, if they have an angry streak, doing so intentionally. Security cameras, including nighttime, are easily available and can be hooked up with your computer. Although, you'd want some sort of noise indicator too.
We are talking about 3500' + of fence, there is no way I can afford to alarm it / place a security camera system... Which then would require me to be onsite full time to patrol alarms or hire onsite security, which won't be happening.
It is a day school, none of the kids are capable of driving so nighttime should not be a concern.
We are talking about 3500' + of fence, there is no way I can afford to alarm it / place a security camera system... Which then would require me to be onsite full time to patrol alarms or hire onsite security, which won't be happening.
It is a day school, none of the kids are capable of driving so nighttime should not be a concern.
No, I'm not talking about alarming the fence. Alarm places that might harm them or where they might do harm such as stables, barns, etc. which could even be something rudimentary. Since you're not on site, not a dog then. And by devising a system, I meant it could even be homemade.
You and your neighbors may want to see if LE can pass by your street on their way on and off shift every now and then.
Security camera system. I know an elderly lady who loves hers from...I think it was Albertson's. Inexpensive. She is in charge of selling a former farm, lots of acreage. Lots of poaching, (seems that's mostly night time) and trespassing and shooting too during the day, especially on weekends.. We talked because we shared that problem. One of the things she did was place inexpensive cameras in a few trees, at a few favorite entry points/areas of interest to the trespassers. They caught a vehicle and moved a camera to get a better view of where it liked to park. It was someone who lived between our properties. (She was also able to invite 4 LE officers from a couple of municipalities to practice shooting there, their presence and favor a plus for her, but you might not be able to do that so close to the school.)
This little lady is happy with viewing the property on her old computer. She has a small getaway home and decided to put a couple of cameras there too and looks at their view on her computer too. She is not the least bit rich. This is not the security system of wealthy characters in tv shows. Just inexpensive stuff that works as well as she needs it to.
Has anyone had experience with this sort of situation?
The fad around here is "event centers," big party palaces built way out in the boonies on little two-lane, unlit, unmarked rural roads. They are designed to attract wealthy city dwellers for weddings, business retreats and receptions. They are a disaster for the neighbors, who have to put up with noise, traffic and drunken behavior. The local Board of Supervisors and Planning Department are unreservedly pro-growth and maintain that these uses are consistent with Farm zoning. One proprietor asserted that his event center was "agricultural" because the wedding guests could pet the (few) cattle in an adjacent pasture.
Short of electing county supervisors who understand the difference between a working farm and the Disney version, there's not much the citizens can do. I am awaiting with interest the outcome of a slow-growth initiative that has been placed on the Nov 5 ballot in a nearby county. That may be the way to go.
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They plan to fence a little play area for the kids, but the rest of the property is wide open.
