I just had lunch with a client who told me a very strange story about someone building a single family residence next to him in Sag Harbor, on Long Island. He said that in order to secure a new construction permit for his lot, the homeowner, (who also happens to be the GC), was told that he would never get a permit to build to build on the lot he had, ( direct access to water, btw), unless he gave up all the land surrounding the lot!! 5 feet of it from the border, to be exact. So he gave up somewhere around 1/4 to 1/2 acre in order to be able to build a single family residence. And who did he give the land to??? the state of NY!! This sounds like blackmail, or extortion. Has anyone else heard of this arrangement?
The house that was built will be a rental, and all access the owner had to the water has been completely cut off, and penalty for using the land he gave up is the same for trespassing. I have to say I am stymied by the terms of this deal.
Replies
Wood;
The land on LI has been getting pretty scarce, houses are going up everywhere and tear downs are too common. Waterfront property is nearly untouchable, and on the East End, where Sag Harbor is, everybody is screaming that they want open land. There are more land preservation groups than there are churches, it seems.
Then there is the New York State Department of Environmental Control, the nastiest group of harda$$es you are likely to meet. They have jurisdiction over any project that involves waterfront property, and it's not unusual to wait a year or two or even three, for a permit.
It sounds to me like your builder wanted to build where they (DEC) arguably could have denied the permit altogether, or dragged his carcass through some serious time-consuming litigation, and this was the easy way out. He gets to build what he wants in a reasonably timely fashion, and gives up the wetlands, where he couldn't do anything with it anyway. (There are lots of stories where people tried to be smart and filled in wetland without permits, then after they were caught, were forced to remove tons of fill, and restore the wetlands and pay a hefty fine to boot. Lots of the Hollywood type people with money out there think they can do what they want.)
Is this common? Let's just say that it doen't raise eyebrows any more.
Don
I can understand the dilemma. But, excuse my slowness of thought here....why do they "grease the wheels" by expecting the homeowner to give up their land. It reminds me of the tobacco tax...if smoking is bad, stop it. But don't just keep raising taxes.
Here, they are saying, " we ARE badas**s and we will tell YOU what you can do...but if you give the state part of your parcel, it will THEN be okay to build"... Tell me, what made it okay to build at that point? They are going to take all the same precautions that they would have before, but now the state has taken part of the the individual's property. How is that not extortion??? With all due respect, I don't think anyone answered that question.
As I understand it, the "State" can never be guilty of extortion. Your landowner didn't have to agree to give them the land, he could have continued to own it and tried to build on it...
You don't have to convince me that it's an unfair system. I agree totally. I've had so many fights with local government that I've had it. I'm rebuilding one more house - the one I grew up in - and I'm out of here. I've already got the new place waiting for me in Virginia. (And the taxes are $450/year for 12+ acres with a 4 bedroom house and more.) I've already talked to the inspector (he does plumbing, electric and building inspections for the county). He told me that as long as there's nothing too extraordinary, I can draw my own plans for the next one that I'm gonna build. That's a refreshing change in government for me.
they arent making dirt anymore
my father told me that a bunch of times when i asked him why he doesnt sell some of the land he owns
"Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws."
I've seen and hearad of similar, tho not stated as blatantly. I actually wonmder, based on some other incidents I've heard and read about, if the vehiclke by which this happened was not an outright taking of giving, but rather that hew was required to grant the state an "easement". That way, the state gets to do what they want with it, and he still gets to "own" it, and yes, still gets the grand opportunity to pay taxes on "his" land
;)
Welcome to the
Taunton University of Knowledge FHB Campus at Breaktime.
where ...
Excellence is its own reward!
That's a good point. Taxes were NOT dropped. It could be an easement. I will have to ask. I can't imagine that actual title is taken. Thanks.
We have a $1,500.00 "parks and recreation fee" for each subdivided lot in a subdivision, before a permit will be issued.
Where is that? Long Island?
No we are in Albany area.
I'm paying
$1800 sewer
$300 fire
$650 library
$6500 school dist
$2500 bldg & safety
$ 10000 water
this is for a 2300 ft house in south Ca