Land Issue - Wise Mind's Needed!

[XCAdam89]

Ok, so here's a quick summary of what's been going on....

Currently, we live in a typical house in a smaller subdivision. However, we own 10 acres of land about 15-20 minutes away from our house. This land was purchased by us probably about ten years ago now and is completely paid off. The land is also located in a subdivison type environment and we intended to build a house on it a few years back. However, my parents decided that they wanted to sell the lot and our existing house in order to afford an existing house on a more open lot.

Now, here's a little details about the land. The lot is primarily on a downward slope with the last 5 acres or so flat and level. This flat area backs up a small river that runs through the back of the property. Before we purchased the property, all the necessary tests were done (Perk, Septic, etc) and passed with no problem as long a relative small footprint house was built. No big deal.

However, in the past few weeks, we've had the lot listed for sale and had a few people interested in it. One in particular, placed a contract on the property, conducting soil tests, perks, etc. and intended to purchase it. BUT, when trying to make the deal, the county refuses to let us sell it because there is a current plan to flood part of our land into a resevoir for the river that runs in the back of our property. The plans are 10 years in the future and we cannot sell or build on the property during that time period. Yet, we have been paying property taxes for the last 10 years and the land is COMPLETELY paid off. Essentailly, the lot is useless for us in the time being and we need to sell it in order to afford the downpayment on the new house.

We are already talking to the county, but is there anything to bring up that can help the case? It just seems crazy they can put a hold on land that far in the future without compensation.... They either need to let us sell it, or buy it from us now. IMO.

[CJM]

Bringing it up to the county would be my first step as well as contacting a lawyer who specializes in such things.

Personally speaking if it were me, I would be SUING the pants off whomever I can pin the bs about flooding it on considering:
-You paid for the land and now its useless
-Its your land, if they intend the flood it they must compensate you. Might fall under a right of way kinda thing where its yours but they have access and can use it
-I would check and see if this was here before you bought the property, maybe grandfathered in
-Claim the environmental rights, there must be something endangered they are gonna kill should they flood it (there always is usually)

[XCAdam89]

Good things to bring up for sure, we already checked into the regulation and sure enough the resevoir was still a plan BEFORE we bought the property, yet it was still sold to us with no issues. 10 years later, the land we bought is unable to be sold all of the sudden...

We've talked to one person at the county who agreed with us, but he still had a few people above him who make the final calls on these kind of things. We're writing a formal letter at the moment and trying to piece together all the facts we know.

What's crazy is the fact they if they want to flood it, so what. They can buy the land off us, but what they are telling us is that the plans haven't been approved by all the steps yet, so they can't purchase our property until all the stages are complete...which could still be years out. More so, the fact that we are still getting charged property taxes on land we cannot even use needs to be reimbursed as well...

Gotta love Virginia.

[wild250rman]

Did the previous owner no of the resevoir issue when they sold it to your parents?

[RATPACK Z400]

You think thats bad you should watch GAS LANd the movie the state/Gov can come on your property and install a gas drill/pump with out your permision and pollute your drinking water and they say they own the mineral rights under the ground on your property and theres nothing you can do ! the state/gov can do just about whatever they what and you cant say or do squat ! thats are goverment for you ! hope you get things straighten out just sounds like a long fight !

[CJM]

^ When you buy land you gotta make sure your buying the mineral, water and gas rights, if thats not part of the land deed you have your SOL.

[jrspawn]

I wish your family the best of luck with the land. Im in somewhat the same boat as you with land.

We ended up getting about 4 acres and it has taken over two years dealing with our county to come to find out we are still a longggg way out and a ton more money on top of that also. We had out house plans laid out and a new shop also for this property. It's absolutely rediculus in my opinion for the county to force us into changes for their convenience. And the fees and charges are crazy also. The last surprise fee the county advised us of was one for 22,000 and some change for special services sewer fees and we aren't even able to tie into the sewer system. But, we have to pay that fee andddd put in our county approved septic system(which is a small fortune itself).

This whole process has been the most discouraging things of my life. Between the loss of time and money dealing with all of it, it's forced us into buying somewhere else and keeping the hopes of building our Dream house in years to come on our property( if the county ever stops with the bs that is)!

[Bradracer18]

Look in your deed, and see who the water rights belong to. That is what you will need, in order to push on with your plans.

[rbgnwa45]

The way I see it:

Your land. Your decision. Anything else is immoral/unlawfull. I'm sure the countys plans would be different if you already had a house on it, but what's it matter? It shouldn't. You had plans too. I'd rule in your favor, and you prooooobably will be compensated because what good is land under water? It's not like you can own land that's under-water, right? There's laws on that? Complain. Complain. Complain.

If they don't compensate or take proper action than go to city hall or wherever with a rented water-truck and just be like "I'm flooding this place for a reseviour... for the birds to drink out of... :o", and just destroy whatever gardens they have. Just do it right back to them, then they'll get the point :scary:. Prooooobably not the best idea though :huh.

[CJM]

^ FYI, in reality you dont really own your land, house or such. Your merely renting it from the town by paying taxes on it-they can and will come in and do what they want, how they want, when they want to.

Thats how they are able to seize your land, barely pay you anything and kick you off it to build bs on it-eminent domain bs.

Also if your doing something they dont like (usually some stupid council member on the towns board or something has an issue) they will make your life hell. There are many stories of peoples homes that were eyesores or such to others that the town and its front runners drove crazy over bs.

heres a good example or what a town can do to you if they dont like ya: http://www.wishtv.com/dpp/news/local/north_central/madison-county-evicts-man-from-trailer

[aDviSol2y]

Law of imanent domain. Basically means the government can take your land if they want to. Usually they offer you some amount of money for it, but if you refuse, they take it any way.

[RATPACK Z400]

You guys need to watch GAS LAND that movie will piss you off to watch what the goverment can do to your property without warning .Can you imagine waking up one morning to the sounds of big trucks/huge drills drilling your property and then weeks later the water you drink and shower is polluted these people could turn on there kitchen fauset put a match and flames shoot out fauset unreal then when they compane they tell them the waters OK !

[CJM]

Originally posted by aDviSol2y
Law of imanent domain. Basically means the government can take your land if they want to. Usually they offer you some amount of money for it, but if you refuse, they take it any way.

Further you live in the boonies the better, no one wants land out there :)

[XCAdam89]

Hopefully we can get it all resolved soon, we've talked to a few people from the county and they said we have a good point, but they aren't the final say by any means.

The thing is we don't even care what happens with the land really, we either want to sell it to this builder or be compensated as soon as possible.

Trying to put a downpayment down on a house without the downpayment poses a problem...

[aDviSol2y]

[i]
Trying to put a downpayment down on a house without the downpayment poses a problem... [/B]

Get a USDA loan. You don't need a down payment.

[Scro]

Originally posted by aDviSol2y
Get a USDA loan. You don't need a down payment.

The very last place I would want to take a mortgage from is the government.

[XCAdam89]

Just an update on this situation: We've written one letter to the county, essentially stating that the land was purchased with the intent to build on, at the time the zoning and drainfield for the property was approved, yet now the land is useless because the county will not let us sell it or build on it.


We got a reply back, which basically said, plans are in motion and there is really nothing we can do at this time. We have to wait it out until the plans are finalized before we can make any purchase actions or remove the boundaries.

This was about a month ago now, but, a few weeks ago we went riding on the property. (Seeing how that's all its useful for at the moment...) and noticed, that on the other side of the river in the back, a huge portion of the woods that was once there have been cleared and it looks like a subdivision or something else will be built in that area directly behind our lot. With this in mind, as far as we can see, if that land behind our lot is being developed (Which we need to verify what that land has been cleared for) then there cannot be a resevoir on our property because the it would overflow onto the cleared land directly behind us.

Needless to say, we will be writing another letter to the county this week. I just wanted to check with you guys and see if there were any key issues you could recommend incorporating in the letter in order to give us a valid argument that will demand action to be taken. This wouldn't be as big of a deal as it is, but we need to sell the land or be able to utilize it as we are trying to move and the money tied up in this property is needed in order to begin construction on a new home.

Any help is appreciated!!! Fighting the county is always difficult as the typical response they give you is "It's just the way it is" with no real reasoning to their decisions.

[CJM]

I think your past letter writing and more its time to contact a lawyer and go head to head with the county.

[destey]

Sorry to hear about your troubles. Its pretty bad around here too, you can't do anything without having friends on the zoning board. If they like you, you can do whatever you want. If they don't like you, denied on everything.

Founding fathers would hate what this country has become.

[quad2xtreme]

Originally posted by destey
Founding fathers would hate what this country has become.

I've often wondered if my ancestors who left various countries actually had more freedom back then than we do today.

[XCAdam89]

Well, here's the letter I've drafted up for my dad. Any criticism is appreciated before we send it off.

As residents of Spotsylvania County, we value the core competencies of ethics, trust and communication set in place by our local government. The successful integration of each of these factors is necessary to offer residents a quality living experience in our community.

The purchase of “Insert Address Here” was intended to do exactly this. While the property no longer is appealing to my family and I, there is no reason the lot cannot be utilized by another. When the land was under contract by a local builder, soil tests and all other requirements proved to meet county standards. The zoning issue in question is the only factor limiting the sale and/or construction of the property.

Clearly, the lot possesses unique characteristics that can complicate the construction process. However, given the size of the lot and the funds invested in it up to this point, the purchase of additional property is hardly an ideal solution. Years ago, I discussed the purchase of additional property with the owner of an adjacent lot with no success.

Recently, I discovered the land directly behind my property was being cleared for development. This parcel of land backs up to the PO River as mine does. While I do not know the exact purpose of this development, the progress made up to this point questions whether or not a PO River Reservoir will actually be constructed.

In its present state, the land remains stagnant and useless. Yet, the County of Spostylvania still charges nearly one-thousand dollars per year in personal property tax. It is clear that financial bondage of this magnitude does not meet the ethical standards I expected when I moved to Spotsylvania County.

As a resident, I ask that one of the following actions be taken:

• Modify the existing zoning boundaries to allow construction for a residential dwelling, without the purchase of additional property.
• Formulate a plan to purchase the property at fair value within a reasonable time period.

I look forward to working towards an acceptable resolution of this issue in the coming weeks.

Sincerely,

[destey]

This is why I don't own property. Well nobody "owns" property...

You may be able to get the exemption you're asking for (around here you just have to have friends on the board).

I doubt the town will buy the land from you.

Best bet is to suck up / befriend people on the zoning board.

[quad2xtreme]

If you do get a lawyer, find one out of the area with no ties to your local government. If you get a local one, they will not represent you fairly because they are already in bed with your local officials. They essentially take your money and tell you there wasn't anything they could do.

Most lawyers have little ethics...it is the irony of their profession.