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RobinL7 (North Carolina)
Posts: 45
Posted:
We live in a LOA in a rural neighborhood. A State Natural Area new chapter is inquiring as to whether landowners can sell off small sections of their land to support a public trail system along an adjacent river. This acquisition of land is desirable for the state park as it would widen the trail along the river for public use.

Our CC&Rs refer to annexation of land, which would require a 2/3 vote of the landowners, but does not address the of acquisition of land that would diminish the acreage of the Landowners Association aggregate land.

Additionally subdividing land can only occur if the lots result in 3 acres or more. To allow for people to sell of small portions of their land seems like it would be a violation.

I personally think we need to consult an attorney before allowing people to even consider selling off small sections of their land to the state Park Natural areas. But I wonder if anyone can give me advise on this.

Thanks Robin
LarryB13 (Arizona)
Posts: 4,099
Posted:
Robin,

Is the organization trying to develop the trail a public agency or a private one? If it is public it could, in theory, condemn the land it needs without regard to your CC&R's. Most agencies use condemnation as a last resort but they nearly always win.

Has the idea of granting easements for the trail been discussed? I own a forty-acre rural parcel and there is a 30' easement around the entire perimeter to allow hiking and other recreational uses.

Technically, you are probably correct in referring to the sale of a strip of land as subdividing but that term just does not seem to fit.

Suppose the state goes to those property owners and threatens to drag them through the courts if they do not sell. What does your association intend to do if an owner violates your CC&R's by selling in the face of such a threat? You would be forcing an otherwise law-abiding citizen to choose between a fight with the state and a fight with your association.

BTW, I assumed that the land the state wants is deeded to individual owners and none is common area owned by your association.

Personally, I think your association is way out in left field by trying to use your CC&R's to obstruct a project for the public good.

RobinL7 (North Carolina)
Posts: 45
Posted:
Our LOA requires that the land 50ft from all lots property line be conservation land to remain as it is and as it grows for wildlife. At this time the state parks department owns a narrow strip of land along the river adjacent to approx. 12 landowners land. Their question to us just recently, so there is no ambiguity at this time, is do our Covenants have any restrictions which would not allow the acquisition of some of the land along this river. My answer right now is yes.

I don't live along the river so this is not a personal issue, but as a director of the board I believe it is our duty to protect our landowners association. Using our Covenants to "stop" a community effort is not our/my intention. But the founders of our community believed in protecting the native environment, and the people who want to hike along the river, put in toilets, trash cans etc, may not be what the founders of our community strived for. This type of protected environment is their view of "protection" but not necessarily the landowners who live along the river. Right now the state already has land along the river, they just want more.

So to ask our community to give up 50 - 100 feet of land along this lovely river that was intended as conservation land set aside for wildlife, because the state wants a wider trail for the public to traverse along the river seems an overreach for me. We want to work with this new SNA, and our community is the first to volunteer for clean up efforts along the river etc. But the Covenants state that if land is subdivided the smallest lot can be only 3 acres. My position is as a director of our community, if the state wants to purchase land along this river they should do so according to our Covenants and where I come from property rights are highly valued and I think we would win.

SheliaH (Indiana)
Posts: 6,964
Posted:
Your instincts were right the first time - for this type of issue, it's best to consult your association attorney.

I think it's great that your community is concerned about saving the land for wildlife (too many people build without stopping to think about long term consequences - probably because they'd be long gone). If the state in interested in buying the land, would it be possible for you to meet with its representatives and perhaps invite them to a special homeowners' meeting (or two, and maybe three) to discuss its proposals in more detail? This way, people can ask questions and if the homeowners do decide to sell the land, the Board may be able to negotiate part of the contract to ensure the area is protected.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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