Results 1 to 3 of 3

Hybrid View

  1. #1

    Default City Wants to Change Land Use for Adjacent Land

    My question involves real estate located in the State of: Virgina

    The city is considering amassing large tracts of adjacent land (right next to my property) and changing landuse from single/residential houses and wants to build affordable housing units in that area. Right now the tracts are wooded lots and belong to different individual landowners (the city owns a couple of them). This construction is likely to increase traffic to the area (we have single lane roads), noise, affect security, and reduce the value of my house considerably (our house is on a quiet street in a desirable location but it wont be either after this construction). Right now they are just considering this and have planning commission meetings. What are my rights? Is there any point arguing my case? Should I contact a lawyer? Is compensation an option? Will appreciate any help. Thanks in advance.

  2. #2
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: City Wants to Change Land Use for Adjacent Land

    Quote Quoting VAinfoseeker
    View Post
    My question involves real estate located in the State of: Virgina

    The city is considering amassing large tracts of adjacent land (right next to my property) and changing landuse from single/residential houses and wants to build affordable housing units in that area. Right now the tracts are wooded lots and belong to different individual landowners (the city owns a couple of them). This construction is likely to increase traffic to the area (we have single lane roads), noise, affect security, and reduce the value of my house considerably (our house is on a quiet street in a desirable location but it wont be either after this construction). Right now they are just considering this and have planning commission meetings. What are my rights? Is there any point arguing my case? Should I contact a lawyer? Is compensation an option? Will appreciate any help. Thanks in advance.
    Have you attended any planning commission meetings. or have you met any local politicians such as your city councilman, or alderman whatever they are called in your area??

    While this is a legal board, deals with legal issues, you'll have to find out what the political issues are. My wife's initilal career was in "urban planning", and my best friend lived in NJ, and suffered the consequences on the "Mount Laurel" decision, where the courts had ordered the construction of affordable housing, which in turn would allow integration of local schools. This also happened in nearby Yonkers, NY, a short distance from NYC where I live. Yonkers a while back, and apparently still is quite segregated, and roadblock after roadblock was setup by opponents to the the construction of affordable housing.

    Apparently in Yonkers, anywhere they want to put down affordable housing, some trees get knocked down, and people are up in arms.

    Let me begin by saying the normal arguments to the construction of affordable housing is what you are saying, the area would get crowded, they'll be too much traffic, your property values would go down, and crime would go up. I could also tell you more based on my friends experience in central NJ as an aftermath of the "Mount Laurel" decision".

    Property taxes doubled in several short years after the contruction of affordable housing in the community in the mid 1980's. This is due to single lane roads widened to 2 lanes, and in some cases 3 lane roads. My friends uncle owned a gas station fronting route 206, and the state came in, took over 20 to 30 feet of the propery in front to widen route 206. Back in the late 70's, route 206 was 1 lane each way, and now many parts are 3 lanes, and I barely recognize it.

    Due to the influx of young families, a new school was built for grades 1 to 3 only to supplement the elementary school because the number of students doubled. Another local high school was built.

    So you can see all of this takes money.

    In addition to the roads, schools, the other biggie pushing up property taxes was the construction of a whole new infrastructure for water, sewer, gas. The electric grid was expanded with additional transmission lines, the local phone system was upgraded. This is all I learned, but I am sure hospitals all have to be expanded, new police and fire stations built.

    My friends property tax went from $6,000/year for housing in a sleepy town, to over $12,000/year as the area grew into a small metropolis in about 6 years time. What did he do?? He moved away to a more rural area where he can afford the taxes.

    As to getting the lawyer to protect your rights, you'll have to know the political issues. In Yonkers, groups were organized to fight the affordable housing plan, and the Federal government and the courts are still stepping on Yonkers after 20 to 30 years of effort, as the city is still apparently quite segregated from what I read, though I haven't visited. In NJ, my friend took me on a tour of the widened roads, I saw the new high school, and the elementary school for grades 1 to 3 only.

    Getting back to you, if the state and local government had made a decision to build affordable housing, in some cases, under court order, then you'll have to come up with better reasons than you lost your adjacent wooden lots, which BTW don't even belong to you. In fact, "regular" new developments in my area also resulted in the lost of wooden lots. A friend bought a house in a brand new development from models and building plans, drove to the site which at the beginning was a forest, then when the houses were completed, all the trees were taken away, and he was in a flat new development devoid of any personality.

    And with my wife's experience in urban planning, you'll need an organized group to put pressure on your local politicians. One irate citizen losing some trees won't get you noticed. So one guy's property value going down won't stop the courts from preventing large groups of citizens the right to live somewhere afffordable. However, a group that can cast 100 votes at election time would certainly get really noticed.

    BTW, I recall in the Mount Laurel decision, the court found local zoning rules requiring huge lots (so you can have plenty of trees on it) to be exclusionary and discriminatory.

  3. #3

    Default Re: City Wants to Change Land Use for Adjacent Land

    Thank you so much. Your response was very insightful. I did go to the planning commission yesterday and made my case. I used some of the points that you suggested. I am going to discuss this with my neighbors and try to see if we can all agree on our response strategy. Additionally in this case some of the adjoining streets cannot be expanded unless they start demolishing existing buildings. But the sad part is that they were doing this very slyly. They did not send any information to my neighbors. When I brought this point up they said they will to those interested if they sign up. But I though they should since they all get affected. I am not too optimistic about my chances but we will give it our best shot. THANKS!

    1. Sponsored Links
       

Similar Threads

  1. Selling Land Without Written Easment to That Land
    By don k in forum Real Estate Ownership and Title
    Replies: 5
    Last Post: 07-19-2011, 11:43 AM
  2. Land Contracts: Can I Start a Land Sales Contract After I Have Quitclaimed a Piece of Land
    By martin007 in forum Buying, Selling and Conveying Real Estate
    Replies: 1
    Last Post: 08-22-2010, 07:21 PM
  3. Co-Ownership: City Wants to Buy Some of My Land
    By therealjay in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 05-18-2010, 11:44 AM
  4. Accessing State Land From My Land At The Corner
    By fish_hunter2 in forum Real Estate Ownership and Title
    Replies: 4
    Last Post: 05-21-2008, 10:38 AM
  5. City trying to take land
    By jeland27 in forum Real Estate Ownership and Title
    Replies: 6
    Last Post: 02-09-2006, 12:42 PM
 
 
Sponsored Links

Legal Help, Information and Resources