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Stuart Bronstein
Posted: Fri Aug 22, 2008 2:45 pm
Guest
David Chesler <chesler@post.harvard.edu> wrote:
Quote:
Cy Pres wrote:

You have no right to a profit, reasonable or otherwise, any more
than you have a right for people to fold to your bluffs in poker.

Cy Pres, you're taking it out of context. The Land Trust has a
right to what it bought. They do not have an absolute right to make
a profit, and none have claimed that they do, but an offer to buy
the land from them at an effective loss and at less than the going
rate for land in that area, is not good faith.

That has nothing to do with good faith or bad faith. As they say, it
never hurts to ask.

Bad faith entails an intent to be deceptive, to intentionally and
maliciously do something you are not supposed to do, or to not do
something you are supposed to do. This is a long way from simply
offering less than a "reasonable" value for property.

Quote:
I'm with Dick Adams and Andre Dubus here, it seems like the
county messed up.

There is definitely that possibility, though there has been nothing
presented that indicates that is actually what happened.

Stu
Robert Bonomi
Posted: Fri Aug 22, 2008 2:45 pm
Guest
In article <erjqa4donpkmi9k1imt3cnv6me4ibftq77@4ax.com>,
Seth <sethb@panix.com> wrote:
Quote:

The original offer represents a loss. How is that "more than
reasonable"?

Maybe because the buyers paid _more_ than the parcel was 'really' worth.
<grin>
Quote:
What is the typical price for land per square foot in
that neighborhood?

Correction, the appropriate question is what is the typical price for
_similar_ (i.e. "unbuildable", *unimproved*, _without_ utilities, and
otherwise =unusable=) property in that neighborhood?"

The land parcel in question is _zoned_ for a specific type of use. The size
of the parcel is of insufficient size for a permitted use -- if said "use" is
strictly within the bounds of _that_ parcel.

the 'land trust' is in the unenviable position of having to continue to
spend money -- to maintain the condition of the parcel, to the standards
required by the municipality, county, and state -- while being unable to
put the property to any 'constructive' use. Since the same situation applies
to _any_ buyer, other than an _adjacent_ landowner, land trust would seem to
have a grand total of _three_ options in the situation:

1) continue to pour money into the black hole, in the "hope" that they
might someday recover it.
2) cut their losses, and sell to the only _available_ buyer, *at*the*buyers*
offered price.
3) _BUY_ sufficient adjacent property such that they can meet the zoning
requirements for the use the currently owned parcel is zoned for.

A hypothetical 4th possibility -- getting the zoning changed, to match one
of their other 'proposed' (nuisance-value) uses -- is *NOT* viable, because
such zoning changes require public hearings _AND_, usually, the agreement of
the neighboring property owners -- who are, in =these= circumstances, highly
*unlikely* to give their consent to any changes favoring the 'land trust'.
Dick Adams
Posted: Sat Aug 23, 2008 3:53 pm
Guest
Stuart Bronstein <spamtrap@lexregia.com> wrote:
Quote:
David Chesler <chesler@post.harvard.edu> wrote:

,,,,

I'm with Dick Adams and Andre Dubus here, it seems like the
county messed up.

Welcome to the club!

Quote:
There is definitely that possibility, though there has
been nothing presented that indicates that is actually
what happened.

Let me present the following. The County held one or more
tax sales. The OP bought a private road and sold it to
the residents. Then the OP bought this easement strip.
Most, if not all, Counties sell tax deeds simply because
the taxes are unpaid and they have given sufficient notice
to the property owner to pay the taxes. But after the sale
of this easement, the County learned that they had acted
without evaluating the consequences and instead of supporting
the buyer (who does not vote in their county), they have
organized in support of the voters affected by the sale.

Dick
David Chesler
Posted: Sat Aug 23, 2008 3:53 pm
Guest
Robert Bonomi wrote:
Quote:
In article <erjqa4donpkmi9k1imt3cnv6me4ibftq77@4ax.com>,
Seth <sethb@panix.com> wrote:
What is the typical price for land per square foot in
that neighborhood?

Correction, the appropriate question is what is the typical price for
_similar_ (i.e. "unbuildable", *unimproved*, _without_ utilities, and
otherwise =unusable=) property in that neighborhood?"

Wayne Mitchell wrote similarly.

I submit the correct analysis is regression. What is the difference
in price between a typical similar-sized house on a 5500 square-foot lot
(the existing size) with a disputed strip behind it, and a house on a
6700 square-foot lot that abuts the neighbors; also consider how much
the strips would help the value of the Tiki Drive lots, increasing them
from a house on 3750 square feet (less than a tenth of an acre) to 4800
square feet.

These houses barely have yards. I see that the house on Almond Drive
has a pool, maybe the others would like to put in pools.

The owners seem to be claiming squatters rights, but it looks like
none except that second house on Tiki Drive has made much use of the
strip, of the kind that asserts ownership. ("Enjoying it as a buffer"
doesn't count; here in the Northeast people sometimes use nearby vacant,
wooded lots as dumps [only for mulch and clippings if they're nice],
that doesn't either.) If the green lines on the PascoGov site are
accurate, the builders were otherwise very clear where the lot lines
were situated.

And what about that little paved wedge that separates Almond Drive and
Bentley Lane?

Not part of this contentious parcel, but in the neighborhood, what's
up with that strip, about 30 feet wide at its narrowest between Kauna
Point Drive and Golf Trace Boulevard? Or that little orange-wedge-shaped
parcel on Kauna Point Drive near Bentley Lane? It looks like Lot 0750 is
land-locked.

--
- David Chesler <chesler@post.harvard.edu>
Free Cory Maye
Seth
Posted: Sat Aug 23, 2008 3:53 pm
Guest
In article <m46ta4139vpm5rrkn1eibpl5ohvin846ee@4ax.com>,
Robert Bonomi <bonomi@host122.r-bonomi.com> wrote:

Quote:
2) cut their losses, and sell to the only _available_ buyer, *at*the*buyers*
offered price.

The map makes it look like there are _two_ possible buyers: the owners
of the properties on Tiki Dr. also abut that parcel, and might like to
have larger back yards.

If sheds are allowed, they could build them (or garages) there. If
they aren't allowed, the present ones violate the zoning code and
should be removed.

They also have nuisance possibilities within the zoning code: for
instance, they could grow herbs or flowers that look and/or smell bad.

Seth
John Mianowski
Posted: Tue Aug 26, 2008 3:02 pm
Guest
On Aug 6, 6:14 am, LandTrust...@yahoo.com wrote:

Quote:
The offer was $500 for the whole parcel. Right or wrong in anyones
opinion, its our land and, as printed in the St. Pete Times, for now
we want 1.5 million for it.

IOW, they want to extort about $71,500 from each of the 21 adjoining
homeowners for their minuscule portion of it.

JM
TheMightyAtlas
Posted: Wed Aug 27, 2008 3:23 pm
Guest
On Aug 11, 7:19 am, Tim Smith <reply_in_gr...@mouse-potato.com> wrote:
Quote:
In article <2rvq94l9062cjj8o1gvjdjvq4mogndt...@4ax.com>,

grendal <im_gu...@hotmail.com> wrote:
The bottom line, you walk in to court, saying that the property is
worth 1.5 million (not what you paid for it) and you want these people
off your land.

Why would he tell the court what he thinks the property is worth? I
don't recall any exception to trespass law that says trespass is OK if
the land is not worth a lot. It should be sufficient in court for him
to want them off his land, and for him to show proof that it *is* his
land.

--
--Tim Smith

Only if the ownership is not disputed. The deed is evidence of
ownership, not absolute proof. Then comes the battle over whether or
not the county had a good title to convey in the first place, and
whether the land trust knew that the title was at best cloudy. When
the homeowners bring up the demand for $1.5m, out goes any favorable
disposition the judge might have to order any evictions prior to the
resolution of the claims by the homeowners that they have some claim
to use the property.

I'll give you an example from my personal experience. My neighbor
discovered that my driveway passes over a tiny sliver of his land
(like a 2 ft X 10 ft piece) right where it meets the street. He
threatens to put a fence across my driveway, unless we come up with
some (to our minds) unreasonable sum of money. Three lawyers (ours,
our title insurance company's and his) tell him that he could get into
serious legal trouble if he did so, civil AND criminal if he did so. I
didn't inquire into the specifics, but very soon after he talked with
his lawyer, we negotiated an easement for about 5% of the original
demand. He owned the land, he had the deed, he had the surveys (ours
and his) to show that he owned the land, but somehow the lawyers
reached a concensus that if the cops came over, they would come over
to stop him or even arrest him, apparently, if he tried to put up a
fence. I suspect that if he had asked for the a more reasonable
amount, he might have found the judge more sympathetic.
Seth
Posted: Wed Aug 27, 2008 3:23 pm
Guest
In article <8lo7b491b9vn0ugvd39uocu6n7e8cliqvr@4ax.com>,
John Mianowski <spamfree@skytex.net> wrote:
Quote:
On Aug 6, 6:14 am, LandTrust...@yahoo.com wrote:

The offer was $500 for the whole parcel. Right or wrong in anyones
opinion, its our land and, as printed in the St. Pete Times, for now
we want 1.5 million for it.

IOW, they want to extort about $71,500 from each of the 21 adjoining
homeowners for their minuscule portion of it.

Where do you get "extort"? It isn't extortion to demand a high price
for property you own.

Seth
Guest
Posted: Thu Aug 28, 2008 3:07 pm
In misc.legal.moderated Seth <sethb@panix.com> wrote:
Quote:
In article <8lo7b491b9vn0ugvd39uocu6n7e8cliqvr@4ax.com>,
John Mianowski <spamfree@skytex.net> wrote:
On Aug 6, 6:14 am, LandTrust...@yahoo.com wrote:

The offer was $500 for the whole parcel. Right or wrong in anyones
opinion, its our land and, as printed in the St. Pete Times, for now
we want 1.5 million for it.

IOW, they want to extort about $71,500 from each of the 21 adjoining
homeowners for their minuscule portion of it.

Where do you get "extort"? It isn't extortion to demand a high price
for property you own.

The extortion would, possibly, come into play where the trust is saying "pay
us this amount or we'll do X" (where X is some act that the homeowner would
find objectional.) Since the trust is not doing X simply because they want
to do X but is doing it in order to force the homeowner to pay something,
that seems to qualify as extortion even when X is legal.

It's much like if I said "pay me $5,000 or I'll tell your neighbors about
the affair with the school marm." Telling them about the affair is legal.
Threatening to tell them about the affair simply to get money from you is
extortion. Setting up a homeless shelter on the property is legal (assuming
it's with-in zoning, etc.) Setting up a homeless shelter in order to get
people to pay an inflated price for some worthless land sure sounds like
extortion.

--
Mike

-------------------------------
"Our enemies are innovative and resourceful, and so are we. They never stop
thinking about new ways to harm our country and our people, and neither do
we," George W. "Shrub" Bush Aug 5, 2004
grendal
Posted: Thu Aug 28, 2008 3:07 pm
Guest
On Aug 27, 6:23 am, se...@panix.com (Seth) wrote:
Quote:
In article <8lo7b491b9vn0ugvd39uocu6n7e8cli...@4ax.com>,
John Mianowski <spamf...@skytex.net> wrote:

On Aug 6, 6:14 am, LandTrust...@yahoo.com wrote:

The offer was $500 for the whole parcel. Right or wrong in anyones
opinion, its our land and, as printed in the St. Pete Times, for now
we want 1.5 million for it.

IOW, they want to extort about $71,500 from each of the 21 adjoining
homeowners for their minuscule portion of it.

Where do you get "extort"? It isn't extortion to demand a high price
for property you own.

Seth

It is extortion.

This issue is pretty much a moot point.

The landowners trust can do nothing but attempt to make life difficult
for the neighbors.
They can't build on the land. They can't really do anything that would
require a permit to change the land.
They can't subdivide the land.
All they can do is pay money to maintain the land and pay property tax
on the land.

All assuming that the county's tax sale was legal in the first place.
If not, then they can only get back the amount that they paid for the
land.

This "landowners association" has no upside potential with this land
other than to sell it to the residents who thought that the land was
part of their property.

The reason you can call it extortion is that the landowners
association has only one option for the land. Selling it back to the
landowners at an inflated price. They are also using intimidation
tactics as a way to get their deal done. "Threatening to try and build
a homeless shelter or use it for parking construction vehicles...."

Sorry but the best thing to happen would be for the county to rescind
the sale.
Tim Smith
Posted: Fri Aug 29, 2008 2:21 pm
Guest
In article <8m1db450ur0vsjeue6c7rtjgigj4ttjcp4@4ax.com>,
prabbit2@shamrocksgf.com wrote:
Quote:
IOW, they want to extort about $71,500 from each of the 21 adjoining
homeowners for their minuscule portion of it.

Where do you get "extort"? It isn't extortion to demand a high price
for property you own.

The extortion would, possibly, come into play where the trust is saying "pay
us this amount or we'll do X" (where X is some act that the homeowner would
find objectional.) Since the trust is not doing X simply because they want
to do X but is doing it in order to force the homeowner to pay something,
that seems to qualify as extortion even when X is legal.

By your argument, Comcast is extorting me. They will take away most of
the TV channels I receive if I don't pay them. This is something that I
would find objectionable. It seems to meet all your criteria for
extortion, assuming Comcast's removal of my TV would be to try to get me
to pay, rather than because they simply do not want me to watch TV.

--
--Tim Smith
Seth
Posted: Fri Aug 29, 2008 2:21 pm
Guest
In article <8m1db450ur0vsjeue6c7rtjgigj4ttjcp4@4ax.com>,
<prabbit2@shamrocksgf.com> wrote:

Quote:
It's much like if I said "pay me $5,000 or I'll tell your neighbors about
the affair with the school marm." Telling them about the affair is legal.
Threatening to tell them about the affair simply to get money from you is
extortion. Setting up a homeless shelter on the property is legal (assuming
it's with-in zoning, etc.) Setting up a homeless shelter in order to get
people to pay an inflated price for some worthless land sure sounds like
extortion.

Now explain why Donald Trump didn't go to prison for extortion when he
did essentially that (forced rent-controlled tenants to move out of a
building he wanted to tear down by, among other things, letting
homeless people use the apartments he'd already emptied).

Seth
Seth
Posted: Fri Aug 29, 2008 2:21 pm
Guest
In article <am1db4h905avchrfuk5e3sthrgbdf2o8rh@4ax.com>,
grendal <im_gumby@hotmail.com> wrote:
Quote:
On Aug 27, 6:23 am, se...@panix.com (Seth) wrote:
In article <8lo7b491b9vn0ugvd39uocu6n7e8cli...@4ax.com>,
John Mianowski <spamf...@skytex.net> wrote:

On Aug 6, 6:14 am, LandTrust...@yahoo.com wrote:

The offer was $500 for the whole parcel. Right or wrong in anyones
opinion, its our land and, as printed in the St. Pete Times, for now
we want 1.5 million for it.

IOW, they want to extort about $71,500 from each of the 21 adjoining
homeowners for their minuscule portion of it.

Where do you get "extort"? It isn't extortion to demand a high price
for property you own.

It is extortion.

That's not a very convincing argument.

Quote:
This issue is pretty much a moot point.

Why?

I have a book (that's probably worth maybe $3,000 at most according to
an appraiser, probably a lot less). I won't sell it for less than
$30,000. Is that extortion?

Quote:
The landowners trust can do nothing but attempt to make life difficult
for the neighbors.
They can't build on the land.

Why not? Does zoning prevent any building on that land? (Then whey
didn't it stop the trespassers who built on it?)

Quote:
They can't really do anything that would
require a permit to change the land.
They can't subdivide the land.

Why not?

Quote:
All they can do is pay money to maintain the land and pay property tax
on the land.

They can grow stuff on the land. They can sit on the land in lawn
chairs and get a suntan.

Quote:
All assuming that the county's tax sale was legal in the first place.
If not, then they can only get back the amount that they paid for the
land.

If you sell me something fraudulently, I can probably get back more
than I paid directly in damages.

And I haven't seen any reason to believe that the county's sale was
invalid.

Quote:
This "landowners association" has no upside potential with this land
other than to sell it to the residents who thought that the land was
part of their property.

Selling it for more than they paid is an upside.

But you claimed, above, that they couldn't subdivide it.

Quote:
The reason you can call it extortion is that the landowners
association has only one option for the land.

Wouldn't that be extortion on the part of the _other_ party?

Quote:
Selling it back to the landowners at an inflated price.

The could sell it (not "back") to nearby landowners at whatever price
was agreed on, not necessarily "inflated".

Quote:
They are also using intimidation
tactics as a way to get their deal done. "Threatening to try and build
a homeless shelter or use it for parking construction vehicles...."

What if, instead, they "threatened" to plant flower?

Quote:
Sorry but the best thing to happen would be for the county to rescind
the sale.

Best for whom? Does the county have the right to rescind the sale?

Seth
Guest
Posted: Sat Aug 30, 2008 3:00 pm
In misc.legal.moderated Tim Smith <reply_in_group@mouse-potato.com> wrote:
Quote:
In article <8m1db450ur0vsjeue6c7rtjgigj4ttjcp4@4ax.com>,
prabbit2@shamrocksgf.com wrote:
IOW, they want to extort about $71,500 from each of the 21 adjoining
homeowners for their minuscule portion of it.

Where do you get "extort"? It isn't extortion to demand a high price
for property you own.

The extortion would, possibly, come into play where the trust is saying "pay
us this amount or we'll do X" (where X is some act that the homeowner would
find objectional.) Since the trust is not doing X simply because they want
to do X but is doing it in order to force the homeowner to pay something,
that seems to qualify as extortion even when X is legal.

By your argument, Comcast is extorting me. They will take away most of
the TV channels I receive if I don't pay them. This is something that I
would find objectionable. It seems to meet all your criteria for
extortion, assuming Comcast's removal of my TV would be to try to get me
to pay, rather than because they simply do not want me to watch TV.

No, it wouldn't meet the criteria. They would be threatening to NOT do
something for you if you didn't pay "Don't pay us and we won't provide you
programming.") There is a difference.

--
Mike

-------------------------------
"Our enemies are innovative and resourceful, and so are we. They never stop
thinking about new ways to harm our country and our people, and neither do
we," George W. "Shrub" Bush Aug 5, 2004
kastnna
Posted: Sat Aug 30, 2008 3:00 pm
Guest
On Aug 29, 5:21=A0am, se...@panix.com (Seth) wrote:

Quote:
I have a book (that's probably worth maybe $3,000 at most according to
an appraiser, probably a lot less). =A0I won't sell it for less than
$30,000. =A0Is that extortion?

Strawman. The asking of the inflated price is not the extortive act.
Taking actions that have no apparent purpose but COERCE the purchaser
to comply against his/her free will is extortion.

Quote:
And I haven't seen any reason to believe that the county's sale was
invalid.

All ready mentioned previously in this thread...
http://www.818landtrust.org/legalletter1.htm

Quote:
Best for whom? =A0Does the county have the right to rescind the sale?

Potentially. It is probably for a court to decide.
Tim Smith
Posted: Sun Aug 31, 2008 3:58 pm
Guest
In article <40aib4hdn129pl096g1fgqe2pr42o9joo8@4ax.com>,
prabbit2@shamrocksgf.com wrote:
Quote:
By your argument, Comcast is extorting me. They will take away most of
the TV channels I receive if I don't pay them. This is something that I
would find objectionable. It seems to meet all your criteria for
extortion, assuming Comcast's removal of my TV would be to try to get me
to pay, rather than because they simply do not want me to watch TV.

No, it wouldn't meet the criteria. They would be threatening to NOT do
something for you if you didn't pay "Don't pay us and we won't provide you
programming.") There is a difference.

"Don't pay us and we won't provide you with land to support your shed".
Seems pretty much the same to me.


--
--Tim Smith
Seth
Posted: Mon Sep 01, 2008 2:33 pm
Guest
In article <60aib4lg071asdnmmadi85dsu5burkp62m@4ax.com>,
kastnna <kastnna@auburnalum.org> wrote:
Quote:
On Aug 29, 5:21=A0am, se...@panix.com (Seth) wrote:

I have a book (that's probably worth maybe $3,000 at most according to
an appraiser, probably a lot less). =A0I won't sell it for less than
$30,000. =A0Is that extortion?

Strawman. The asking of the inflated price is not the extortive act.
Taking actions that have no apparent purpose but COERCE the purchaser
to comply against his/her free will is extortion.

There's no more coercion in letting someone use my land to put his
stuff on than in letting someone read my (limited edition, long out of
print) book.

Quote:
And I haven't seen any reason to believe that the county's sale was
invalid.

All ready mentioned previously in this thread...
http://www.818landtrust.org/legalletter1.htm

That's the opinion of a lawyer for the other side.

Since the county, board of county commissioners, county tax
department, etc. are all agencies of the State of Florida, a case
could be made that one department of an entity sold stuff that ought
to have been handled by a different department, but the entity (State
of Florida) is still bound by the actions of its parts.

Quote:
Best for whom? =A0Does the county have the right to rescind the sale?
Potentially. It is probably for a court to decide.

Everything is for a court to decide, if it gets that far.

Seth
TheMightyAtlas
Posted: Tue Sep 02, 2008 3:11 pm
Guest
On Sep 1, 6:33=A0am, se...@panix.com (Seth) wrote:
Quote:
In article <60aib4lg071asdnmmadi85dsu5burkp...@4ax.com>,



Everything is for a court to decide, if it gets that far.

Seth

But the entire issue here is what can/should be done in the interim,
or what the "land trust" can do without a court order. Some of us are
saying, very little without a court order, others are say pretty much
anything, it is their land.
Seth
Posted: Mon Sep 15, 2008 3:21 pm
Guest
In article <p8eab4pqr2cbpp37dmsbp1lchog1krpc2g@4ax.com>,
TheMightyAtlas <themightyatlast@gmail.com> wrote:

Quote:
I'll give you an example from my personal experience. My neighbor
discovered that my driveway passes over a tiny sliver of his land
(like a 2 ft X 10 ft piece) right where it meets the street. He
threatens to put a fence across my driveway, unless we come up with
some (to our minds) unreasonable sum of money. Three lawyers (ours,
our title insurance company's and his) tell him that he could get into
serious legal trouble if he did so, civil AND criminal if he did so. I
didn't inquire into the specifics, but very soon after he talked with
his lawyer, we negotiated an easement for about 5% of the original
demand. He owned the land, he had the deed, he had the surveys (ours
and his) to show that he owned the land, but somehow the lawyers
reached a concensus that if the cops came over, they would come over
to stop him or even arrest him, apparently, if he tried to put up a
fence. I suspect that if he had asked for the a more reasonable
amount, he might have found the judge more sympathetic.

How were the various properties created? When?

If you (or your predecessors) had been using the driveway for long
enough, you own it free and clear.

If both properties were created by being partitioned from a single
larger property, then an easement for the owner of your property to
reach the street would have been created (at least in the states with
rules I'm aware of, creation of a landlocked property automatically
creates an easement by necessity).

If the property is sufficiently recent, and your driveway could have
been re-routed across your own property to meet the street, then your
neighbor probably had the right of it.

Seth
 
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