Registered: 1203355237 Posts: 1,769
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Just got this order and I have about three or four weeks to complete it.
16+/- acres with significant water frontage along a large, recreational lake located in County A. Access is from the end of a street in County B. On the surface, the H&B U would be to divide into smaller lakefront lots, but that appears to be neither economically feasible nor legally permissible. Why? Because of fire, police, and school buses must go through County B to access the subject (about 30 minutes out of the way). Therefore, zoning would not allow development. County A & B have not worked out an agreement to correct this oddity (and probably won't). From County A, it is surrounded by 1,700 +/- acres owned by a govt. entity. On the surface, it seems it may be a 16 +/- acre parcel for one house with a ridiculously high insurance premium (amongst other issues). I will be visiting County A's zoning office in about a week or so. Any ideas? Has anyone ever encountered this in the past where I can estimate factor for the obsolescence ? Any questions and comments are appreciated....thanks. Attached Images
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Registered: 1365736683 Posts: 716
Reply with quote #2
Just because a school bus or an patrol car might have to cross a county line to access a parcel in the same county doesn't mean that they can't do it.
I live in Warner Robins, but if I call the popo they are not going to drive through the woods to get to my house, they are going to use streets in the city of Centerville. Just like the sheriff's department isn't going to drive around the city limits just to get to a county location on the other side of a city. They will drive through. If the parcel is in County A, Taxes are paid to County A and services must be provided by County A regardless of the means to get there. If Zoning will not allow development for this reason, then the owner needs to hire a good attorney as the owner has a constitutional right to use his property at it's highest and best use. I know, I know, I know... I couldn't find it in the constitution either... But my attorney used this argument to planning and zoning and he was convincing enough that they believed him. He may be right, hell I don't know. But the fact of the matter is that the additional property taxes generated by subdividing this property would be more than enough to provide police and fire protection to the parcel. Your boy needs an attorney. __________________ Like a Boss!
Registered: 1203431009 Posts: 1,621
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The northeast part of Baldwin County on Lake Sinclair has similar issue with access through Hancock County on the east side of lake and Putnam County on the north.
Registered: 1302146297 Posts: 86
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I don't know if this will help or not as the values will be different. Check out Harbor Shores and Brushy Creek S/D's in Monroe County on High Falls Lake. You access Harbor Shores from Butts County and Brushy Creek is accessed from Butts, then into Lamar before entering Monroe.