"Minor" subdivisions of land

Kevin Ancell kancell at goodearthgardens.com
Fri Aug 17 06:47:18 EDT 2001


----- Original Message -----
From: <marc at aculink.net>

> Farmers and Ranchers are so difficult to get to cooperate.
> You'd think it was their land.

Kevin wrote:
hmmm, Years of hard work, blood, sweat and tears. Raising generations of
family. Fighting and dying for this wonderful country... Maybe it IS their
land ? And just maybe they don't like other people telling what they can and
can not do with THEIR land ! I find it's the people who don't have any or
much land that are always trying to pontificate to others on how they should
live or how they can "best" use their land.

You are correct the people with BIG money are moving into the state and
buying up hunks of land. What kills me is those same people after a while
start saying wow this area is growing too much we need to stop this
development. Then the people left with the vacant land can't sell theirs for
the current market value. That is happening here in New Mexico. In Santa Fe
neighborhoods are banning together to stop development of these "rare" open
spaces in the city and the county. Even though these spaces are zoned for R1
or C1. You hear them trying to save the plague infested Prairie Dogs in the
city or their precious view of the hills surrounding the town thus making
the existing vacant land that was bought sometimes for MILLIONS of dollars
worthless ! Funny thing developers are now taking the city to court and
winning because the city can not take land that is zoned for R1 or C1.
Uncompensated regulatory takings of private property have become an immense
problem across the nation not just Santa Fe.

If you'll turn to the U.S. Constitution. The Fifth Amendment's Takings
Clause reads: "nor shall private property be taken for public use without
just compensation." As presently interpreted by the Court, that clause
enables owners to receive compensation when their entire estate is taken by
a government agency and title transfers to the government; when their
property is physically invaded by government order, either permanently or
temporarily;(2) when regulation for other than health or safety reasons
takes all or nearly all of the value of the property;(3) and when government
attaches unreasonable or disproportionate permit conditions on use.(4)

To bring this into perspective. Suppose just for a second that Dori Green,
yes that wonderful person who has contributed so much to the MF List who is
now in dire straights and needs to sell her land. But the people in the
$400,000 homes that surround her property don't want to see that property
developed. They want the "green space" left intact. And the only way Dori is
going to sell quick is to someone who someday wants to develop that property
in to $400,000 homes but for the battle over her land no one wants to buy
it... Dori is evicted her animals are put down and next thing you know a
shopping mall is erected and her land is paved over....

With Regards,

Kevin
http://www.goodearthgardens.com





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