Hello, phoenixrising-ga!
Thank you for your patience while I compiled my thoughts! The most
difficult part of this answer was the organization of the suggestions
in a methodical manner so that I could provide some sort of systematic
approach for you and your neighbors to follow! Aside from the book you
have purchased, I could find no outline or case study that mirrors a
"total approach" to your specific situation. While I did look through
the table of contents of the book, I could not get my hands on a copy
to read through each chapter. Therefore, I may be repeating some of
the contents of the book, or I may be offering a totally different
approach. Please bear with me.
As a preface, I want to say that I have been near both sides of the
coin on this one. I spent many years in New England and other states,
focusing on wildlife biology, habitat preservation and land
conservation. On the other side, I have been a partner in a general
contracting business, buying and selling property for residential
homes.
I currently live in a community that is VERY active in purchasing
property for habitat preservation and community enjoyment. I have seen
landowners who have lived in the community for generations willingly
offer their properties to the community so the land can be enjoyed by
humans and animals alike for many years to come. On the opposite end,
other battles continue to rage between the town/community and large
land owners who have held properties in their families for
generations, and who now wish to reap the benefits by selling to large
developers. While the town has offered them money to purchase the
property, it does not come close to what the developer can offer as
compensation.
The reality of economics is that the primary focus of a developer is
to make money, just as other businesses or individuals seek to
maintain their own economic viability. Needless to say, the nature of
their business is to seek land for future projects. In very rare
instances, a developer who has already purchased the property can be
persuaded to sell it back to the community or individuals.
Alternatively, if they are a very well-known company with large
financial backing, they may be also be persuaded to put their name on
a community preservation parcel or park for the purpose of
establishing a good company reputation or giving back to the
community.
In fairness to the current landowners, they have every right to view
their property as a valuable source of income for whatever use they
see fit - whether for retirement fund, nursing care, or money to pass
down to their children or grandchildren. They should not be made to
feel guilty, less caring about their community, or environmentally
careless just because they want to cash in on their real estate
investment. Unless they have an alternative buyer to consider other
than a developer, they have every right to sell, even though they,
themselves, might not be happy with the buyer.
==
From what you have stated, a developer has not yet purchased the
property in question.
* Therefore, it is up to you (and other individuals concerned with
potential development) to present the current owners with an
ALTERNATIVE OFFER that benefits all parties involved.
* Unless the current owner, or the town, has a compelling reason to
preserve the property for conservation reasons, those of you who want
to fight for this land will have to find some method to secure the
parcels.
==
Figuring out a strategy to obtain this land "WITHOUT A FIGHT" would
certainly be the most efficient, and satisfactory solution for all
involved.
I have outlined some steps for you to consider, followed by some
organizations to contact. I have followed with articles highlighting
local preservation efforts.
Unfortunately, most of the success stories involve extensive planning
and involvement of town or state governments working along with the
agencies and local citizens to purchase and protect land from
development. In your situation, it sounds as if the town seemingly has
little interest in preserving this property. Therefore, I have tried
to pinpoint articles that highlight citizen action rather than direct
town involvement.
***********************
STEPS AND STRATEGIES
***********************
1. The easiest was to preserve the property would be to CONVINCE THE
OWNER TO DONATE the properties to a Land Trust. Of course, this route
relies on the owners goodwill and ultimate love of their property so
that they do not want to see it developed, preferring to receiving an
"emotional" rather than a financial gain.
2. In the likely event that the current owners DO want financial
compensation for their property, a LAND TRUST MIGHT ALSO BE INTERESTED
IN PURCHASING THE PROPERTY from the landowner, especially if you, as a
community, can establish the ecological value of the property.
3. Another alternative is to SOLICIT SOME FINANCIALLY SECURE
INDIVIDUALS or ORGANIZATIONS who have an interest in conservation
lands in your area to APPROACH THE OWNER AND OFFER TO BUY THE
PROPERTY. Interested organizations might be local community or private
colleges who could utilize the land for ecological studies for
students, the state Audubon Society, or the Nature Conservancy, for
example. A concerted effort by interested individuals in your town
could also potentially raise enough funds to offer the landowner an
alternative sum for purchase. While the money raised might not be
competitive with the money offered by the developer, a landowner with
a "history" in the town might be receptive to seeing their land
preserved and willingly sign it over at a lower price.
4. If these properties are potential INDIAN BURIAL SITES, you might
want to CONTACT THE STATE ARCHAEOLOGIST for advice. At this point, you
merely "suspect" that burial sites might be on the land in question,
but it is worth gaining the insight of the agency interested in
protecting ancient burial grounds. In any case, the state might hold
up the sale for a while so an investigation into the archeaological
value of the property may proceed.
5. You might also have an avenue for preservation if the properties
are, indeed, WETLANDS. Have you checked to see if they are recorded as
such already? If a great percentage of the property is unsuitable for
development, the developer will likely bow out of the purchase,
anyway. Unless, of course, the property is purchased before a wetlands
study has been conducted - leading to potential disappointment at a
later date!
6. Don't hesitate to APPROACH THE TOWN, despite what you have heard
about indebtedness. If you can organize a large enough voice of
citizens, you may start the ball rolling toward preserving this
property, or, if not this one, others in the future.
*****************************************************
OFFERING TO BUY THE LAND INDIVIDUALLY OR AS A GROUP
*****************************************************
There is no real outline I can offer you concerning this option, since
I don't know how many of you are interested in conserving the parcels
in question, nor do I know the asking price by the buyer. However, IF
I WERE IN YOUR SHOES, I would suggest a few steps before you approach
the buyer, if that is an option.
1. Determine whether it is realistic to get enough individuals
together to purchase the property outright. If you have an idea of the
asking price for the parcels in question, you can begin to put
together a working plan. This might include a scenario where a smaller
number of wealthy individuals might contribute along with smaller
financial contributions from others. If you can collect enough funds
for the purchase price, you can then discuss options for the property
down the road - donating it to the town for a park, donating it to a
land trust, etc.
2. Make some initial calls to the agencies listed below to determine
if they would have an interest in helping to purchase the parcel if
you cannot come up with the funds as a group.
3. List the benefits of conserving the property in it's original
state, and write these down for presentation to the current owners.
Unless they see the reasoning behind your offer, and sense the value
of preserving the property for communal benefit, they may simply go
for the highest offer.
=
The following articles highlight communal purchases of property in
various communities to save parcels from development:
"Neighbors conserve property - Athens group buys 5 acres of green
space near homes to save them from developers," By Mary Jessica
Hammes. The Augusta Chronicle (this is a cached link, so you may have
to type the title into your browser to bring it up)
http://66.102.7.104/search?q=cache:PRazrex2m0QJ:augustachronicle.com/stories/061401/met_MNS-6685.001.shtml+neighbors+buy+property+to+save+from+developer&hl=en&client=firefox-a
"Ms. Briggs, along with members of the neighboring 450-household area
organized as The Over the River Neighborhood Association, bought the
five acres near their homes before a land developer could. The
association, formed in December by families living near North Avenue,
Martin Luther King Jr. Parkway and the Athens Perimeter, bought the
land from Kelley Diversified on April 19 for $105,000, aided by a loan
from Connecticut-based Equity Trust. So far, the group has raised
$10,500. It is setting an 18-month goal to raise the rest of the
money. When the entire amount is paid, the land will be preserved from
development through a conservation easement held by the Athens Land
Trust, Ms. Briggs said. The neighborhood association will own and
maintain the land. Ms. Briggs said she and her neighbors were moved to
buy the land once they found out a land developer had put a bid on
it."
=
"Neighbors Raise Money To Preserve Local Wetland - Groups' Effort
Blocked Plan For Apartment Complex On Site," By Sarah Terry, The
Morning News
http://www.aubunique.com/archives/042205WetlandMNews.htm
"A group of neighbors in south Fayetteville met their goal Friday to
buy a wetland preservation site that would have become apartments. The
Town Branch Neighborhood Association had a May 1 deadline to raise
$125,000. Tyson Foods presented the group a check for $25,000 Friday,
bumping the group's total to $133,000." (read further...
=
How to Save Land in Your Neighborhood
http://www.ecofloridamag.com/archived/save_land_in_your_town.htm
=
"Approaching and Negotiating with Landowners - A Westchester Open
Space Alliance Seminar
http://www.westchesterlandtrust.org/archive/wlt10650.htm
Excerpts: "If you're interested in property for which there is a
development proposal, even an informal one, keep the planning board
and the zoning board out of the acquisition process - period.
Otherwise it will raise the question in the developer's mind about
whether he is being restricted in his use in order to bring the price
down.
* Make an overture to a landowner when you are ready - don't wait for
the land to come on the market....Gail Abrams talked about how to
persuade landowners to talk to you. The key, she said, is your
attitude - be very excited about what your group can do. If you are,
you'll find it easy to introduce yourself and get in the door."
(Read the entire article as it is full of suggestions you might consider.....
=
"Residents step up to conserve Kutz land," By Rebecca Lipchitz
http://www.andovertownsman.com/news/19990729/FP_002.html
=
"Home plan sparks a Bayshore brouhaha - Residents of Old Bayshore
Point are fighting to keep a waterfront parcel free," by SHERRI DAY.
South Tampa City Times. May 13, 2005
http://www.sptimes.com/2005/05/13/Citytimes/Home_plan_sparks_a_Ba.shtml
"To save the land from a public sale, the neighborhood's 19
homeowners split the $60,000 price tag for a 200-foot-long sliver of
the land."
=
"Meadow Melee: Eugene developer battles neighbors over plans for west
Eugene site," By Joe Mosley. The Register-Guard
http://www.registerguard.com/news/2004/10/10/g1.bz.madisonmeadow.1010.html
"A group of neighbors involved in a fund-raising campaign to buy a
vacant two-acre parcel at W. 22nd Avenue and Madison Street in Eugene
hopes to raise money by the end of the year for a $220,000 down
payment to the current owner, and then would assume from the seller a
debt of about $230,000 that he had taken out to help buy the
property."
"A grass-roots campaign to save a two-acre meadow west of College Hill
from being turned into a housing subdivision is no longer quite what
it started out as a year ago. It has evolved from a simple effort by
neighbors to raise money to buy the land from a previous owner who was
considering selling to an out-of-the-area developer, into a complex
fight between the neighbors and a new owner."
=
"South Seattle group fights to save its P-patch," by ATHIMA
CHANSANCHAI. SEATTLE POST-INTELLIGENCER
http://seattlepi.nwsource.com/local/218067_ncenter30.html
"Southeast Seattle residents fighting to save their local P-patch from
being sold are getting help with a $190,000 pledge from Mayor Greg
Nickels, but they still need to come up with an additional $150,000 or
so to keep the garden in the community."
**************************
WORKING WITH A LAND TRUST
**************************
The land you have described has many of the qualities that scream
"conservation" if, in fact, wetlands, beach access and burial grounds
are involved. It would be beneficial to contact one of the
Massachusetts land trusts nearest your town to get some insight and
suggestions. (Mass. listing is referenced below)
About land trusts
http://www.lta.org/faq/
Contact the Massachusetts Land Trusts in your area:
http://www.lta.org/findlandtrust/MA.htm
=
Read "Private Land Conservation in U.S. Soars
http://www.lta.org/newsroom/pr_111804.htm
==
Also look over the following website:
The Trust for Public Land
http://www.tpl.org/tier2_sa.cfm?folder_id=170
Conservation Vision: TPL helps agencies and communities define
conservation priorities, identify lands to be protected, and plan
networks of conserved land that meet public need.
Conservation Finance: TPL helps agencies and communities identify and
raise funds for conservation from federal, state, local, and
philanthropic sources.
** You can look up news/projects by state and region. The following
link will bring you to news for Massachusetts:
http://www.tpl.org/tier2_rl.cfm?folder_id=260&submit.x=11&submit.y=0
=
More information!
Land Trust: Help Conserve Our Land and Natural Resources
http://www.possibility.com/LandTrust/
************************
THE NATURE CONSERVANCY
************************
The Massachusetts Chapter of the Nature Conservancy should also be
able to help with suggestions for saving one or all of these land
parcels.
About the Massachusetts Chapter
http://nature.org/wherewework/northamerica/states/massachusetts/about/
Ways the Conservancy helps: "We can't buy them all, and we certainly
can't protect them single-handedly. But by joining together with
communities, businesses, governments, partner organizations,
indigenous people and communities, and people like you, we can
preserve our lands and waters for future generations to use and
enjoy."
Read further - http://nature.org/aboutus/howwework/
=
Read "Bargain? saves land," by Kathleen D. Bailey
http://www.seacoastonline.com/news/exeter/05062005/news/40966.htm
Read "Big Save on Great Bay: Shackford Point Protected from Development."
http://nature.org/wherewework/northamerica/states/newhampshire/press/press1752.html
************************************
INDIAN BURIAL SITES - MASSACHUSETTS
************************************
If the land in question is a possible burial site, you should also
contact the state for suggestions on what can be done to preserve the
parcel.
"The Law and American Indian Grave Protection - Massachusets Laws"
http://www.ibsgwatch.imagedjinn.com/learn/massachusettslaw.htm
See "Chapter 9: Section 26A. State archaeologist; duties; reservation
of lands from sale; cooperation of governmental agencies.
http://www.ibsgwatch.imagedjinn.com/learn/massachusetts926a.htm
************************************
MASSACHUSETTS WETLANDS REGULATIONS
************************************
You have mentioned potential wetlands and beach access rights. I am
not sure if you are referring to river, lakefront or coastal property.
In either case, you should review the following references for
application to your situation.
Wetlands - Department of Environmental Protection. 2004
http://www.mass.gov/dep/brp/ww/files/wenfman.pdf
"Reptiles and Amphibians - Vernal Pools
http://www.massaudubon.org/printwildlife.php?id=59
Massachusetts - State Environmental Resource Center (click on links in paragraph)
http://www.serconline.org/wetlands/stateactivity.html
"The Wetlands Protection Act protects wetlands and the public
interests they serve. The law prevents any person from removing,
filling, dredging, or altering any land bordering waters, including
freshwater wetland and coastal wetland, without filing written notice
of his intention to so remove, fill, dredge, or alter. The Inland
Wetlands Restriction Act also places permanent restriction orders on
selected wetlands in over 50 communities."
=
Read "Wetlands May Protect Rudd Land From Large-Scale Development," By
Terry D.Cowgill - 6/10/2005
http://www.harneyre.com/thisArticle.asp?ArticleID=97
********************************
TRANSFER OF DEVELOPMENT RIGHTS
********************************
Transfer of Development Rights is one strategy used to protect
sensitive lands. See "Strategies for Saving our Scenery: Identify and
Protect Scenic Vistas and Viewsheds."
http://www.scenic.org/Default.aspx?tabid=180
"Transfer of Development Rights (TDR) is an alternative strategy to
purchasing land. TDRs preserve scenic areas by transferring, or
"sending," development rights from sensitive lands to "receiving"
areas marked for growth. Most TDR programs offer incentives such as
increased density, faster permit processing, less stringent design
review, or tax breaks to encourage developers and landowners to take
advantage of the program."
HOW DOES THIS APPLY TO MASSACHUSETTS? See the government webpage on
Community Preservation Tools and Techniques:
http://commpres.env.state.ma.us/content/tdr.asp
**************************************
FURTHER ARTICLES OF GENERAL INTEREST
**************************************
"A Citizens "How-to" Guide for Fighting Bad Developments."
http://66.102.7.104/search?q=cache:D2Hv-J8UxXsJ:www.sprawlaction.org/Documents/Campaign_checklist.doc+preserving+neighborhoods+from+developers&hl=en
=
The Swaner Nature preserve is one example of some wetlands that were
saved from development after a lot of community involvement, ending in
the original landowner donation of property, and increased by private
individual purchases and subsequent donations. It was a long battle
but it started with a group of citizens and the area is forever saved
from development.
You can read the history of the preserved here:
http://www.swanernaturepreserve.org/Topics/AboutSNP/History
The preserve is now used for field trips and educational visits by the
local schools, and bird watching groups.
http://www.swanernaturepreserve.org/Topics/EducationOpportunities
=
"Residents protect park," By Steve Pardo. The Detroit News. January 2005
http://www.detnews.com/2005/metro/0501/19/C01-62300.htm
"New tactics may be needed to preserve land - Report: Housing needs
squeezing effort for open space," by June Rich. Santa Barbara News
Press 12/02/02
http://www.gaviotacoastconservancy.org/progress/02_12-02a_newtactics.html
=
"Groups working to preserve land," by CHARLES CRUMM. The Daily
Oakland Press. 7/2004
http://www.theoaklandpress.com/stories/070804/loc_20040708001.shtml
==
"Ann Arbor Stands Up To Sprawl," by Suzie Brucker Heiney, member,
Huron Valley Group and Michael Sklar, co-chair, Huron Valley Group.
The Mackinac Quarterly. Feb/April 2004
http://www.a2openspace.org/SC_sprawlarticle2004.pdf
==
Land Trust aims to preserve more Green Acres," By ROSY WEISER
http://www.santacruzsentinel.com/archive/2005/January/30/local/stories/01local.htm
===
I have given you a lot to digest. I wish there was a more direct and
simple formula for success, but these situations require patience,
diligence, and polite and respectful behavior towards the landowner
who holds the key! If you can figure out a way to acquire the property
without going to court, or making the landowner or developer feel that
the entire community is against them, you will go a long way towards
preserving important relationships within your community.
I sincerely hope I have been of some help. I wish you all the very best of luck!
Regards,
umiat
Search Strategy
saving land from big developers
how to set up a community land trust
preserving neighborhoods from developers
preserving community land from developers
how to start a local land preservation group
strategies to protect land from development
transfer of development rights AND Massachusetts
Land Trust
Nature Conservancy
saving indian burial grounds AND Massachusetts
protecting Massachusetts wetlands from development
community buys land to save from development
grassroots efforts to preserve community property |
