jdemaris
08-27-2006 07:39:11
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Re: OT: Seeking opinions on Land Value in reply to ld5030, 08-27-2006 01:30:37
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Seems the key issue is . . . the owner can ask any price he wants - regardless of what land values tend to be. I had a somewhat similar experience on my land. There is town road that comes through my farm. The Town came through a few years back and widened the road by 15' and removed over 50 small and mature hard maple trees. Me and my family had been away for two weeks - and I was kind of shocked when we came home. I confronted the Town Highway Supervisor and Mayor (called a Town Supervisor here). They said it was a town road with a 50 foot right-of-way width. I informed them they were wrong and gave them some legal paperwork on Public Highway Law. They gave it to the Town Attorney - and he discovered I was correct, and they were in error. So, to cover their mistake - the Town decided to take my land by Eminent Domain. That's where the pricing issue came into play. Land in my area can vary from $500 to $5000 per acre. All depends how large the plot, type of access and grade, buildable or not, etc. The Town proposed taking a 20' wide strip of land that runs through my land. They came up with a value of $300 per acre - that - because none of the land is buildable with such a narrow strip. They also came up with a value for the smaller - approx. 8" diam. Maple trees or $30 each. My figuring was quite different. First - I did not want to sell the land. Second - in my opinion, widening the road made the rest of my land worth less to me - since it would change the character of what was a rural, single lane, seasonal, dirt country road, to a wide, paved, highway with increased traffic. To me, the land was worth - at the least - the area-high of $5000 per acre. Also, in regard to the 8" diameter trees they cut down illegally. Yes, timber or firewood value was close to zero. But - what about replacement value? Suppose I wanted my trees back, as they were? Got a price from a professional tree transplanter of $3000 per tree. So, the fight went on and on - and perhaps is still on going. We had a public hearing - because the residents are required to vote on Eminent Domain issues. For the most part, local people had no concern about my land being taken, but WERE upset if it could ever happen to them. The Town dropped the issue (as far as I know), they paid me nothing, and I put fill back where they removed it and replanted trees on my own. I did make the Town bring me back all the wood - since most of it had been taken home, by town workers, for firewood - for their own use. I also found a part of State Public Highway law - from the 1800s but still valid - that says if - a town ever puts a highway through farmland - they are required to construct and maintain animal fence along both sides of the road - if requested by the owner - that owner being me. I was tempted to make them do it - just for spite. But, the reality is - I just wanted to be left alone. My mindset now? I wouldn't sell it to the town for $10,000 per acre.
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