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Old Yesterday, 04:58 PM
 
Location: North Idaho
26,723 posts, read 35,798,517 times
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A generalization, you can sometimes get a special permit for, as an example, a big charity event that will be a one time thing.


Having weddings three times a week, most likely isn't going to fly. But if it is municipal land, whatever government has the title to it can get pretty creative about what they want to allow.


I suggest you take that deed to a local lawyer and ask about whatever it is that you are wanting to do or wanting to stop. No one here can give you any sort of definitive answer.
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Old Yesterday, 07:26 PM
 
7,801 posts, read 9,841,711 times
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Quote:
Originally Posted by Skipper_at_helm View Post
@rational1 - Thank you. Yes, this is public land that has typically been treated as conservation land. However, lately, a fair amount of private interest groups have taken an interest in it and the City doesn't appear to give the deed any consideration. It sounds like I should find out what the governing body is and start there.
Quote:
Originally Posted by Skipper_at_helm View Post
@Diana - Yes, I have a copy of the deed and the deed agreement. Within the deed, the phrase, "passive recreation only" is written.<br>
The main problem with deed restrictions is that, even if they are explicitly written, there may not be anyone around with legal standing to enforce the restrictions. Deed restrictions are often simply ignored with little or no legal consequence. I have witnessed some particularly egregious violations of legitimate deed restrictions. That's why conservation easements are now the preferred way to establish limitations on the use of property, provided that there is a conservation purpose. A conservation easement confers a legal right--and an obligation--to a qualified entity to enforce the limitations imposed through the easement.

Quote:
Originally Posted by Skipper_at_helm View Post
@dontaskway - the deeded land is City-owned. It was taken by eminent domain and the phrase "passive recreation only" is stipulated in the deed.<br>
Since it was taken through eminent domain, there may be a good record as to why it was condemned and for what purpose. You should try to find out as much as you can about the history of the property, particularly the acquisition process. There may be official minutes which may help to bolster your case.

Quote:
Originally Posted by Skipper_at_helm View Post
@dontaskwhy - thanks. I'll give the City a call, but this deed has been neglected by them over the years and I'm not sure I'd trust there interpretation of it.
Never trust a property owner--whether (or especially!) governmental or private--to interpret the restrictions imposed upon them.

Since this is public property, likely the best thing that you can do is generate some citizen opposition to uses which are viewed as being contrary to the original purposes--and document that original intent as best as you can.
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Old Today, 09:56 AM
 
10 posts, read 891 times
Reputation: 15
Thank you everyone for your help. I now have a much better understanding about my situation.
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Old Today, 10:10 AM
 
Location: Raleigh
10,988 posts, read 8,391,454 times
Reputation: 15612
Quote:
Originally Posted by rational1 View Post
Beat me to it. The first one looks like an official definition, at least as far as the US government is concerned.

I was interested to see that hunting is considered passive recreation. Maybe because the huntees are passive at the end of the process.
Why wouldn't it be? It requires no development, maintenance, etc, of an area.

SWAG here about the OP's situation, if I had to guess the land was condemned and taken by eminent domain for purposes of some kind of buffer...Be it storm water runoff, water retention, a green space in perpetuity for purposes of protecting something else (IE, we're building this road or development HERE, and we need this land NOT to be developed so we don't have flooding issues down the line.)
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