Land in peril

[BlessedPeace]

This is a combination post asking for prayers and any advice.

Years ago I inherited my family property. 15 acres. No home is on the land but it is now showing as zoned single home residential. Whereas before it was zoned as agricultural and residential.

Now they say it is still residential with a very small area as agricultural.

The thing is, development in this area is fierce. I let my land go wild so to give habitat to local wildlife.

A neighbor in a HOA community that abuts my land was dumping household waste on a vacant neighbors lot since he build that home.

Then he dumped on mine and when asked to clean it up, did so. But only because a state officer told him to.

Then, two weeks later I get a citation posted on those 15 acres. Telling me I'm in violation of the residential zoning ordinances regarding land upkeep. Because it was formerly a forest. Then a farm, then was sold to my family.
We kept the back 15 acres as is, but did mow it. And we took the front acre and my family back in the 40's when this was all purchased built a house on the front acre.

Now there are two deeds. And both zoned residential, the state says if I don't mow and cut the trees and bushes, they'll do it and bill me. If I can't pay they'll take it all.


I have a clergy certificate, and was wondering if there is anything at all, like citing the wild land returned to its original state is grandfathered in?

Long post. Please forgive that. I'm afraid I'm going to lose it all.

 

[Jay Ross]

Hand this problem over to God and seek His direction as to how you should respond.

Also pray that God will draw your neighbours to Himself.

You may be the very person who will aid God in this process of His drawing them to Himself.

Shalom

 

[BlessedPeace]

Hand this problem over to God and seek His direction as to how you should respond.

Also pray that God will draw your neighbours to Himself.

You may be the very person who will aid God in this process of His drawing them to Himself.

Shalom

They're Christians.

 

[amigo de christo]

Maybe some true christains might come and help you fix it up . You can turn that place
into a little shelter for the true lambs . Just a thought my friend .

 

[BlessedPeace]

I'd like to know if there is a legal way to battle this too. I can't afford an attorney's huge fees. Even though I don't know if there is such a thing as one who can help me.

 

[BlessedPeace]

Maybe some true christains might come and help you fix it up . You can turn that place
into a little shelter for the true lambs . Just a thought my friend .

The thing is, I love living in God's forest. I have nuthatch birds that land on the vines outside my window in the morning. They chitter even when they see me, as if to bid a good morning.
I just put a feeder out for them.

There are deer, racoons, skunks, groundhogs, squirrels, possum, eagles, and all manner of other birds, and other of God's creatures that find sanctuary here.

On all sides of me former farms are now HOA communities. Kit houses that arrive by owner order, they design their houses from a developers catalog, and in some cases are put together in a weekend. Including an optional in ground basement.

The encroachment on habitat is huge. Everywhere there are signs promising a new community coming soon. Where before it was a farm.

These farms have been sitting there for years now without their developer breaking ground. Possibly because building materials are so high.

Mine is the largest piece of undeveloped land for quite a ways. Land grab could be the state scheme behind this.

I'm going to telephone the official that addressed my illegal dumping neighbor and ask if he referred my land to those inspectors that issued the citations.

If I comply, countless animals will be impacted and lose a home. If I don't and the state comes in and destroys the natural habitat, then bills me,or puts a lien on the property for those bills accrued due to their clean up,I could be homeless.

 

[dev553344]

Praying for you. How terrible that they can actually take your land away from you. Sounds like abuse of authority to me.

 

[Cassandra]

The thing is, I love living in God's forest. I have nuthatch birds that land on the vines outside my window in the morning. They chitter even when they see me, as if to bid a good morning.
I just put a feeder out for them.

There are deer, racoons, skunks, groundhogs, squirrels, possum, eagles, and all manner of other birds, and other of God's creatures that find sanctuary here.

On all sides of me former farms are now HOA communities. Kit houses that arrive by owner order, they design their houses from a developers catalog, and in some cases are put together in a weekend. Including an optional in ground basement.

The encroachment on habitat is huge. Everywhere there are signs promising a new community coming soon. Where before it was a farm.

These farms have been sitting there for years now without their developer breaking ground. Possibly because building materials are so high.

Mine is the largest piece of undeveloped land for quite a ways. Land grab could be the state scheme behind this.

I'm going to telephone the official that addressed my illegal dumping neighbor and ask if he referred my land to those inspectors that issued the citations.

If I comply, countless animals will be impacted and lose a home. If I don't and the state comes in and destroys the natural habitat, then bills me,or puts a lien on the property for those bills accrued due to their clean up,I could be homeless.

I wouldn't call the person who you think did this. This is a better idea. You need to request something called a variance. This explains it and just call and file and see what happens. time is of the essence. Be very deliberate and concise in your variance application.

What Is A Variance And How Do You Get One?

If you’re a property owner with big plans for your home or land, you may need a variance to make changes. Learn what a variance is and how to get one.

www.rocketmortgage.com

 

[Nancy]

I wouldn't call the person who you think did this. This is a better idea. You need to request something called a variance. This explains it and just call and file and see what happens. time is of the essence. Be very deliberate and concise in your variance application.

What Is A Variance And How Do You Get One?

If you’re a property owner with big plans for your home or land, you may need a variance to make changes. Learn what a variance is and how to get one.

www.rocketmortgage.com

Do these Variances differ between states?

 

[Cassandra]

Do these Variances differ between states?

Probably, but it looks like from the article , she needs to get in touch with the zoning board.
From the article:
"Variances don’t change zoning laws, but under special circumstances, they grant the property owner permission to change or adjust their land use in a way that otherwise wouldn’t be permitted.

Variances are often granted when the property owner can demonstrate that the zoning regulations are a difficult and hindering factor in the function of their property.

Each municipality has rules for requesting and approving variances. Typically, the property or landowner will submit an application, write a letter and pay a fee to their zoning board. Then, the application materials are reviewed and other affected property owners will be notified. Sometimes the zoning board will hold a hearing with the city council for the final decision."

 

[Jay Ross]

They're Christians.

My suggestion to hand the problem over to God was for your benefit.

If as you claim your neighbours are "Christians," then, if they are the cause for your problems, then praying that God will continue to draw them to Himself will help you but if you will not pray for them that God will continue to draw them to Himself then how can you be a blessing to them.

I am sorry that you are being tested by God over the land that you own.

May the Lord give you peace in the mists of this situation.

 

[GTW27]

The thing is, I love living in God's forest. I have nuthatch birds that land on the vines outside my window in the morning. They chitter even when they see me, as if to bid a good morning.
I just put a feeder out for them.

There are deer, racoons, skunks, groundhogs, squirrels, possum, eagles, and all manner of other birds, and other of God's creatures that find sanctuary here.

On all sides of me former farms are now HOA communities. Kit houses that arrive by owner order, they design their houses from a developers catalog, and in some cases are put together in a weekend. Including an optional in ground basement.

The encroachment on habitat is huge. Everywhere there are signs promising a new community coming soon. Where before it was a farm.

These farms have been sitting there for years now without their developer breaking ground. Possibly because building materials are so high.

Mine is the largest piece of undeveloped land for quite a ways. Land grab could be the state scheme behind this.

I'm going to telephone the official that addressed my illegal dumping neighbor and ask if he referred my land to those inspectors that issued the citations.

If I comply, countless animals will be impacted and lose a home. If I don't and the state comes in and destroys the natural habitat, then bills me,or puts a lien on the property for those bills accrued due to their clean up,I could be homeless.

Blessings BlessedPeace! You will not be losing your land or be homeless. True Christians do not dump on other peoples property as they know all of this is The Lords. I live on an acre with the woods behind me and all the wild life. This acre may be in my name but truly it is The Lord's, as is all that I own, and all that I am. This is true for all true Christians. When we truly make Him Lord of our lives He is Lord of what we own as well. And He is not One to battle against as He always wins. I would talk to some one legally to see what your options are. Perhaps the variance is the answer.

 

[BlessedPeace]

Blessings BlessedPeace! You will not be losing your land or be homeless. True Christians do not dump on other peoples property as they know all of this is The Lords. I live on an acre with the woods behind me and all the wild life. This acre may be in my name but truly it is The Lord's, as is all that I own, and all that I am. This is true for all true Christians. When we truly make Him Lord of our lives He is Lord of what we own as well. And He is not One to battle against as He always wins. I would talk to some one legally to see what your options are. Perhaps the variance is the answer.

I wonder too about a grandfather clause.
This property was first a forest. Then it was cleared to be a farm, AG zoning. Then the farmer cut out parcels and sold them as single family zoning. Multi zoned.

My property tax record use to show that. SF1, single family. And AG1, agricultural. But since I was given that notice, they've deleted the AG1 off the online deed record.

I'm paying monthly on the property tax and they've yet to cash the check that coincided in arrival at the tax office with my violation notice.

I'm also 50% native American. I wonder if that will have any weight? Letting the land return to its natural state to give habitat to indigenous wildlife displaced by development in all surrounding property but my own.

I got notice of a certified letter from the state waiting for pickup at the PO as early as tomorrow. Official notice of intent I guess.

I called a local Representative that a family member knows. Left a message. But he's not in my district. I'm hoping he'll help just because of our affiliation before he entered office.

I'm trying to stay positive.

 

[BlessedPeace]

I wouldn't call the person who you think did this. This is a better idea. You need to request something called a variance. This explains it and just call and file and see what happens. time is of the essence. Be very deliberate and concise in your variance application.

What Is A Variance And How Do You Get One?

If you’re a property owner with big plans for your home or land, you may need a variance to make changes. Learn what a variance is and how to get one.

www.rocketmortgage.com

Thank you.

 

[Debp]

I called a local Representative that a family member knows. Left a message. But he's not in my district. I'm hoping he'll help just because of our affiliation before he entered office.

Hopefully he can tell you what political representative to contact that represents your district.

Also, you might check if Legal Aid is in your area. That is free legal aid.

Here in California you would be applauded for trying to provide wildlife habitat...in the midst of a concrete jungle growing up around you!

You might even ask The Arbor Day Foundation if they have any input on this. They are all about planting trees all over the USA.

Keep us updated....as a nature and animal lover, you are doing a wonderful thing.

 

[Debp]

P.S. If all else fails, I wonder if you could donate the land to be used only as a wildlife park area?​

​

In California some people with lovely homes with acreage would donate the land to the State or County. The properties were donated to remain as arboretums and are enjoyed by many citizens.​

@BlessedPeace​

 

[CadyandZoe]

This is a combination post asking for prayers and any advice.

Years ago I inherited my family property. 15 acres. No home is on the land but it is now showing as zoned single home residential. Whereas before it was zoned as agricultural and residential.

Now they say it is still residential with a very small area as agricultural.

The thing is, development in this area is fierce. I let my land go wild so to give habitat to local wildlife.

A neighbor in a HOA community that abuts my land was dumping household waste on a vacant neighbors lot since he build that home.

Then he dumped on mine and when asked to clean it up, did so. But only because a state officer told him to.

Then, two weeks later I get a citation posted on those 15 acres. Telling me I'm in violation of the residential zoning ordinances regarding land upkeep. Because it was formerly a forest. Then a farm, then was sold to my family.
We kept the back 15 acres as is, but did mow it. And we took the front acre and my family back in the 40's when this was all purchased built a house on the front acre.

Now there are two deeds. And both zoned residential, the state says if I don't mow and cut the trees and bushes, they'll do it and bill me. If I can't pay they'll take it all.


I have a clergy certificate, and was wondering if there is anything at all, like citing the wild land returned to its original state is grandfathered in?

Long post. Please forgive that. I'm afraid I'm going to lose it all.

It sounds like you were "railroaded", which means that a group of investors is looking to make a bunch of money and they are paying off officials to get the job done. I don't know this for a fact, but that's what it sounds like. The investors are anxious to see a return on investment (ROI) which is why you are being harassed.

Typically zoning changes require public notice and public hearings. Did you get a letter concerning the zoning change? Were signs posted? Did the land jurisdiction hold public hearings? If not, this is a bad sign. If so, did you attend the hearings and voice your concerns?

In our area, a landowner is allowed to submit for a variance without hiring a lawyer. Some jurisdictions publish rules online. In our district, applicants must meet the "variance criteria" to be granted a variance. And in my opinion, the county or city will set the bar very high.

The following list comes from a township near me. I offer this as an example of "criteria" that one might need to meet. I can't speak to your particular case.

Variance Criteria:

1. That there are special circumstances applicable to the property, which may include circumstances related to the property’s size, shape, topography, location, or surroundings.
2. That the special circumstances applicable to the property were not self-imposed or created by the property owner.
3. That the strict application of the Zoning Ordinance will deprive the property of privileges enjoyed by other properties of the same classification in the same zoning district.

Please note that the Board of Adjustment cannot grant variances that will make any changes in the​

uses permitted in any zoning classification or zoning district or that will constitute a grant of special​

privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in​

which such property is located.​

Given these criteria, I doubt you would get a variance. Your land has been zoned for residential use, not wildlife preservation use.

Even so, 15 acres is a very large residential plot of land but a very small agricultural plot.

What is the water like on your property? Any streams or ponds? What about the adjoining properties? Has the land been evaluated for evidence of wetlands? Check into it. You might be able to convince the land jurisdiction that your property is unbuildable.

Anyway, good luck. Seek the council of lawyers experienced in land disputes. Perhaps someone will grant you a free half-hour of advice to help guide you in the right direction.

 

[Nancy]

Probably, but it looks like from the article , she needs to get in touch with the zoning board.
From the article:
"Variances don’t change zoning laws, but under special circumstances, they grant the property owner permission to change or adjust their land use in a way that otherwise wouldn’t be permitted.

Variances are often granted when the property owner can demonstrate that the zoning regulations are a difficult and hindering factor in the function of their property.

Each municipality has rules for requesting and approving variances. Typically, the property or landowner will submit an application, write a letter and pay a fee to their zoning board. Then, the application materials are reviewed and other affected property owners will be notified. Sometimes the zoning board will hold a hearing with the city council for the final decision."

Tanx

 

[BlessedPeace]

It sounds like you were "railroaded", which means that a group of investors is looking to make a bunch of money and they are paying off officials to get the job done. I don't know this for a fact, but that's what it sounds like. The investors are anxious to see a return on investment (ROI) which is why you are being harassed.

Typically zoning changes require public notice and public hearings. Did you get a letter concerning the zoning change? Were signs posted? Did the land jurisdiction hold public hearings? If not, this is a bad sign. If so, did you attend the hearings and voice your concerns?

In our area, a landowner is allowed to submit for a variance without hiring a lawyer. Some jurisdictions publish rules online. In our district, applicants must meet the "variance criteria" to be granted a variance. And in my opinion, the county or city will set the bar very high.

The following list comes from a township near me. I offer this as an example of "criteria" that one might need to meet. I can't speak to your particular case.

Variance Criteria:

1. That there are special circumstances applicable to the property, which may include circumstances related to the property’s size, shape, topography, location, or surroundings.
2. That the special circumstances applicable to the property were not self-imposed or created by the property owner.
3. That the strict application of the Zoning Ordinance will deprive the property of privileges enjoyed by other properties of the same classification in the same zoning district.

Please note that the Board of Adjustment cannot grant variances that will make any changes in the​

uses permitted in any zoning classification or zoning district or that will constitute a grant of special​

privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in​

which such property is located.​

Given these criteria, I doubt you would get a variance. Your land has been zoned for residential use, not wildlife preservation use.

Even so, 15 acres is a very large residential plot of land but a very small agricultural plot.

What is the water like on your property? Any streams or ponds? What about the adjoining properties? Has the land been evaluated for evidence of wetlands? Check into it. You might be able to convince the land jurisdiction that your property is unbuildable.

Anyway, good luck. Seek the council of lawyers experienced in land disputes. Perhaps someone will grant you a free half-hour of advice to help guide you in the right direction.

Thank you.

There is a creek that runs through the original woods that circle half the property.
I don't think it has been declared a wetlands.

Thank you for the initial insight about shenanigans of that sort. The zoning board here is known for it's bad tactics from time to time.

Years ago I was talking with someone who recently relocated to our city. She opened how the ZB's in New York were corrupt but could learn a thing or three about ours.
I'm hoping this isn't the case.

I checked the address on redfin realty site to see if the former AG1 zoning appeared there. No. But it included a zoning item for commercial.

My dad had said it was zoned commercial but I thought he was mistaken because that wasn't on the zoning website.

There has to be a historic record of the property zoning history, I would think.

Thank you again.

 

[BlessedPeace]

P.S. If all else fails, I wonder if you could donate the land to be used only as a wildlife park area?​

​

In California some people with lovely homes with acreage would donate the land to the State or County. The properties were donated to remain as arboretums and are enjoyed by many citizens.​

@BlessedPeace​

Can those donors remain in their home too?