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 *12-26 Update* on neighborhood buyout
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cajungal
True Blue Farmgirl

2348 Posts

Catherine Farmgirl Sister #76
Houston Area Texas
2348 Posts

Posted - Oct 15 2014 :  06:47:14 AM  Show Profile
We have a small farm (5 acres) that we've lived on for 20 years. The immediate surrounding residences are about the same size. There is 300 acres of woods that our land backs up to. The land has been purchased by a developer and will become estates of $300K - $1m homes. The 300 acres has been cleared over the past month. And I mean cleared....no trees left. They bulldozed the whole woods.

We are in an unrestricted area, but, we are still concerned about the effect it will have on our lifestyle. We and our neighbors all have farm animals, bonfire piles, roaming chickens, natural yards (as opposed to landscaped), etc.... Even though we're unrestricted, letters are being sent to all of us about the animals and wooded areas of our land. We just want to be left alone to live our lives.

I'm researching with the city and county as to how this development can change our restrictions and how can we fight it. But, should we fight it?

I'm also in discussions with a realtor because there are rumors that the developer wants to buy out all our and neighbors' land. No offers have been made as of yet.

My first reaction is to dig in my heals and say, "Heck, no!" But I also don't want to live in the middle of a development. If we sell, I want enough money to make it worth my while to uproot and move.


So, any advice?
Have any of you dealt with this sort of situation?



One of the best compliments from one of my daughters: "Moma, you smell good...like dirt."

Edited by - cajungal on Dec 26 2014 06:13:24 AM

Terralea
True Blue Farmgirl

138 Posts

Terra
Midland Michigan
USA
138 Posts

Posted - Oct 15 2014 :  1:28:20 PM  Show Profile
I have not but it makes me ill to even think about it....! I'm so sorry. I will be praying for you and your neighbors. I might have to move under the circumstances. I hope the developers make it worth your while. :(

Terralea
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Terralea
True Blue Farmgirl

138 Posts

Terra
Midland Michigan
USA
138 Posts

Posted - Oct 15 2014 :  1:29:49 PM  Show Profile
Also, you might want to organize a meeting with your neighbors if you have not done so. They may be doing the same kind of research you are and have found out something else. As the very least, you might discuss with them a united front as far as selling.

Terralea
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kysheeplady
True Blue Farmgirl

1291 Posts

Teri
KY
USA
1291 Posts

Posted - Oct 15 2014 :  2:39:41 PM  Show Profile
Hi Catherine,
I live in an area that sounds very similar to yours, a very large farm was purchased years ago, and they formed a subdivision around certain lots on this road. Now the unrestricted parcels can do what ever they want. But the people who are in the subdivision have to go by rules, no open fires, no livestock, and so on ... I am at the end of the road, but I drive through the subdivision. To my knowledge or how it is here, the people inside the subdivision CAN NOT enforce there rules on people outside the subdivision. I am not sure HOW that would even be possible. So that may be some scare tactics ... Also if they don't want your chickens running in there land, that I can see, but my guess is they will fence it off ...cause as you said, they are trying to get good money for the houses they will build.
Now as for your house, I don't think they will give you any more than fair market value. That is the cold hard facts of it. You can have a realtor tell you what the comps are in your area, you can also get an independent appraiser out. But UNLESS they really want your land ... they are not going to pay more than it is worth. But, my guess it someone that would strip land bare ... will do just about anything to make sure they get their payday.
I'm so sorry, that you have to go through this. I sure do hope it works out for you.

Teri
"There are black sheep in every flock"

www.whitesheepfarm.com
www.etsy.com/shop/whitesheepprimitive
google.com/+whitesheepfarm

Edited by - kysheeplady on Oct 15 2014 4:57:11 PM
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oldbittyhen
True Blue Farmgirl

1511 Posts

tina
quartz hill ca
USA
1511 Posts

Posted - Oct 21 2014 :  09:18:24 AM  Show Profile
This very thing happened in the valley I live in (not where I am, the other end) , rich peoples houses were built around farm/ranches, they had no restrictions either, BUT, when the people who bought the rich houses started complaining, and I MEAN COMPLAINING that they were getting ill from the smell, flies, noise, etc, etc, etc (you know, all that stuff that we don't mind), the rich won, and the small farms/ranches lost and the zoning was changed, no matter how long they had lived/farmed/ranched their land, so my point is, be diligent and smart, cause you could be forced to change your livestyle, and/or be forced out due to immonint domain, good luck...

"Knowlege is knowing that a tomato is a fruit, Wisdom is not putting it in a fruit salad"
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cajungal
True Blue Farmgirl

2348 Posts

Catherine Farmgirl Sister #76
Houston Area Texas
2348 Posts

Posted - Oct 21 2014 :  12:13:16 PM  Show Profile
Thanks for the advice.

I'm finding that fighting it is not going to be successful. The developers are just too powerful.

I've decided I'd like to sell. Well, me and my hubby and grown kids. We kinda have a small family commune/compound. I just don't want to live in the middle of this growth and expansion. Don't get me wrong...I'm all for progress, profit and capitalism. I realize the city is growing and the developer has rights to develop. I don't see us being comfortable here any longer.

So, I'm having my agent contact the enemy (developer)with a price for all my property. The price I've given is inflated above the market value. I'm taking into consideration that the developer can come in and put up to four $350K houses or a $1m house on one acre of my land. While I'm not asking for that amount, I am asking for enough to make it worth my while to relocate and have more acreage.

I've kinda already grieved over it and am a bit emotionally detached from my home and land. I'm ready to move on. I'm praying the developer will take me up on my offer.

I appreciate any more advice y'all can give me and I covet your prayers.

One of the best compliments from one of my daughters: "Moma, you smell good...like dirt."
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Marybeth
True Blue Farmgirl

6418 Posts

Mary Beth
Stanwood Wa 98292
USA
6418 Posts

Posted - Oct 21 2014 :  2:24:02 PM  Show Profile
That's what happened to us a few years back. We were then approached by a developer that wanted to buy the surrounding acreages. We decided not to sell but as time went by we knew that the girls would not be able to ride their horses anywhere and would be be able to keep a pig or two and would our chickens have to go. All questions that needed to be answered. We decided to sell. Phooey!!! We lived there 30 years--raised all our children there and it was hard to leave.
In the final analysis it was time to move one----and everyone else did too.
Good luck to you.
MaryBeth

http://www.smallcityscenes.blogspot.com
www.day4plus.blogspot.com

"Life may not be the party we hoped for...but while we are here we might as well dance!"
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cajungal
True Blue Farmgirl

2348 Posts

Catherine Farmgirl Sister #76
Houston Area Texas
2348 Posts

Posted - Oct 26 2014 :  07:12:11 AM  Show Profile
We're waiting to hear from our agent.

I've been researching properties for us to move to. There are some move-in ready places with in place workshops, barns, stalls and pasture. There's also raw land that I could design whatever we want. I'm kinda getting excited about the possible changes.

If this deal goes through, we'll be the first to sell of our neighbors. They don't know we're pursuing this and will probably be mad at us for being a 'sell out'. Hopefully, we'll set the price high so that when they finally move they can get big money.

One of the best compliments from one of my daughters: "Moma, you smell good...like dirt."
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cajungal
True Blue Farmgirl

2348 Posts

Catherine Farmgirl Sister #76
Houston Area Texas
2348 Posts

Posted - Oct 30 2014 :  2:11:47 PM  Show Profile
I'm so anxious to just get out of our property and move on.

We've all gotten letters that our land needs to be cleared because it's an 'eyesore'. I can't believe they have the power to do this. I've always been proud that Texas is a land-owner's rights kind of state. But this situation sure isn't in our favor.

I've argued with them that it is undeveloped land that is wooded and we don't plan on developing it or building on it. It's just part of the rest of our property. They cite certain ordinances that were passed in Sept. How were we supposed to even know that they were considering these ordinances?

I know it's all being done because of the new development. I'm not gonna fight it. I just want out. I just want to live where I don't bother anyone and no one bothers me.

One of the best compliments from one of my daughters: "Moma, you smell good...like dirt."
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queenmushroom
True Blue Farmgirl

985 Posts

Lorena
Centerville Me
USA
985 Posts

Posted - Oct 31 2014 :  4:37:22 PM  Show Profile
You might see what your state laws are on preserving farm land. sometimes you can put your property into some kind of a trust that states that the only purpose is for farming. That might be something to look into. I know that in Maine, when land is put into tree growth, you need to file and follow a tree harvesting plan but along with that, you pay reduced taxes. If the land is ever taken out of tree growth, the back property tax has to be paid in full. I think Maine has a similar law for farm land. That maybe the solution to keeping your property as farm land only. Check with your local farm bureau for details.

Patience is worth a bushel of brains...from a chinese fortune cookie
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cajungal
True Blue Farmgirl

2348 Posts

Catherine Farmgirl Sister #76
Houston Area Texas
2348 Posts

Posted - Oct 31 2014 :  6:58:49 PM  Show Profile
Great insight and advice, Lorena. I will look into that. The down side to accomplishing that would be that I'd be surrounded by neighborhoods and businesses on all sides. It still might not be worth the fight.

One of the best compliments from one of my daughters: "Moma, you smell good...like dirt."
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ddmashayekhi
True Blue Farmgirl

4719 Posts

Dawn
Naperville Illinois
USA
4719 Posts

Posted - Nov 01 2014 :  05:54:43 AM  Show Profile
My late parents had their entire cul-de-sac bought out years ago. They owned two lots and made a tremendous amount of money on the deal, more then they would have selling their home and lot separately. Good luck doing what's best for you.

Dawn in IL
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Bear5
True Blue Farmgirl

13055 Posts


Louisiana/Texas
USA
13055 Posts

Posted - Nov 13 2014 :  2:40:57 PM  Show Profile
Catherine. How sad. Prayers to you and your family.
Keep us posted.
Marly

"It's only when we truly know and understand that we have a limited time on earth- and that we have no way of knowing when our time is up- that we will begin to live each day to the fullest, as if it was the only one we had." Elisabeth Kurler-Ross
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cajungal
True Blue Farmgirl

2348 Posts

Catherine Farmgirl Sister #76
Houston Area Texas
2348 Posts

Posted - Nov 13 2014 :  4:48:10 PM  Show Profile
We have found where we'd like to move to. Just waiting to hear from our realtor as to whether or not the investor wants to purchase all my properties.

One of the best compliments from one of my daughters: "Moma, you smell good...like dirt."
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cajungal
True Blue Farmgirl

2348 Posts

Catherine Farmgirl Sister #76
Houston Area Texas
2348 Posts

Posted - Dec 01 2014 :  06:14:23 AM  Show Profile
UPDATE

Our realtor found a possible buyer. Woo Hoo!

BUT, I've done some preliminary figuring of the numbers. I was shocked when I figured that we will have to pay $60k in capital gains tax. That's a whopping $60,000!! I feel like I'm having to pay $60k just to move. Even though it's not actually out of our pocket and comes off the top of the funds in the sell, that's still a heck of a lot of money. Do you know what I could do with $60k?

I won't get into my 'political' thoughts on the matter of the capital gains tax or death/estate tax.

It's really aggravating. I don't know if it's worth moving for the cost.

Can y'all help me sort out the pros and cons? Any tax advice?

One of the best compliments from one of my daughters: "Moma, you smell good...like dirt."

Edited by - cajungal on Dec 01 2014 4:32:26 PM
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ddmashayekhi
True Blue Farmgirl

4719 Posts

Dawn
Naperville Illinois
USA
4719 Posts

Posted - Dec 01 2014 :  2:23:41 PM  Show Profile
Can you talk to your accountant and ask about deductions and losses you have that could possibly count against the capital gain? Here in IL you are allowed one large profit on real estate and any after that you then have to pay the capital gain tax. I would investigate this with an accountant or attorney to see if you can minimize the amount of money you will have to pay.

Good luck getting the right answers!
Dawn in IL
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Marybeth
True Blue Farmgirl

6418 Posts

Mary Beth
Stanwood Wa 98292
USA
6418 Posts

Posted - Dec 02 2014 :  09:42:01 AM  Show Profile
When we sold our small farm to get the tax down we had to put down on paper everything we had done to the place that increased the value. Additions, upgrades---find anything. Hopefully you took pictures of anything you did. We still had to pay a lot but we found a lot of deductions too.
Good luck!
MB

http://www.smallcityscenes.blogspot.com
www.day4plus.blogspot.com

"Life may not be the party we hoped for...but while we are here we might as well dance!"
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cajungal
True Blue Farmgirl

2348 Posts

Catherine Farmgirl Sister #76
Houston Area Texas
2348 Posts

Posted - Dec 03 2014 :  11:22:09 AM  Show Profile
Thanks Dawn and MB for the advice. I am looking into tons of options.

One of the best compliments from one of my daughters: "Moma, you smell good...like dirt."
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Sobyn
True Blue Farmgirl

752 Posts

Sabrina
Kansas
USA
752 Posts

Posted - Dec 04 2014 :  02:44:19 AM  Show Profile
WOW that is insane! So sorry you are having to base your decision on that :(. I don't know anything about it but I agree I'd try talking to an accountant or tax attorney maybe.

Sabrina

Farmgirl Sister #3275
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Beverley
True Blue Farmgirl

2707 Posts

Beverley
atlanta Michigan
USA
2707 Posts

Posted - Dec 12 2014 :  5:42:54 PM  Show Profile
here in michigan you get one capital gains when you sell your house and if you sell again then you have to pay , so I would check into what your state actually says and do not believe people who are only talking.


Folks will know how large your soul is by the way you treat a dog....Charles F. Doran
beverley baggett
Beverley with an extra E...
https://sites.google.com/site/bevsdoggies/
http://bevsdoggies.blogspot.com/
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cajungal
True Blue Farmgirl

2348 Posts

Catherine Farmgirl Sister #76
Houston Area Texas
2348 Posts

Posted - Dec 15 2014 :  06:59:46 AM  Show Profile
Fortunately, here in Texas, we don't have a state income tax, so the only taxes I'm dealing with is federal. I've been researching and talking with my lawyer. I have found several 'loop holes'/ options that the IRS allows for capital gains. So, we will be able to keep much more of our money than I first expected.

My realtor felt like it would be a good idea for me to meet the developer/investor. She felt like my bubbly personality could charm him and possibly make him see the people instead of just the land. Putting a face to the 'take-over' could help him have a bit of compassion and possibly influence him to give us top dollar for our land.

I hit it off great with him. I tried to not think about all the awful things other people have said about him and treat him as I would any new acquaintance...no preconceived notions.

They showed up hours before we were supposed to meet. It actually turned out better that way. I was on my tractor in my farm clothes. They stopped in his truck on the side of the road. We stood at the back of the truck talking over the bed like all good country folk do. It put us all at ease. He and I chatted for over an hour and about everything except the acquisition of the land. He reminisced about his tractor and growing up in a tiny farm area. He actually came from very poor roots and worked hard to become the wealthy man he is today.

I think our meeting was good for both sides. I saw him as a person and realize he's just doing business and not a bad guy. He saw more than just our land and made an emotional connect to his business.

All the properties that we've been looking at to purchase have all been sold. I get sad and then perk myself up. I know that I'm doing all I can and just need to be patient. God will work it all out.

Meanwhile, I have been decluttering and getting rid of tons of stuff to prepare for moving. So, even if we don't sell, I will feel like I have a new place!

One of the best compliments from one of my daughters: "Moma, you smell good...like dirt."
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cajungal
True Blue Farmgirl

2348 Posts

Catherine Farmgirl Sister #76
Houston Area Texas
2348 Posts

Posted - Dec 26 2014 :  06:21:16 AM  Show Profile
The developer/investor, realtor and I had a meeting just before Christmas. We could not come to an agreement. There were things about the contract I didn't feel at peace about. I feel as though God was closing the door. I learned a long time ago to not try to manipulate a situation at any cost just to get the desired end. So, for now, we are staying here.

I've loved living here for almost 20 years and I can choose to have a good attitude and be joyful about staying. The biggest issue is the authorities threatening fines for farm animals. I am putting up privacy fencing to hide the animals and I will keep them as long as I can. It's a huge endeavor to privacy fence a whole acre. But I've already gotten a lot done.

I should probably see if there is a Mary Jane merit badge for fence building!

Catherine
Sister #76 (2005)
One of the best compliments from one of my daughters: "Moma, you smell good...like dirt.

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FARMALLChick
True Blue Farmgirl

978 Posts

Lora
Alexandria IN
USA
978 Posts

Posted - Dec 30 2014 :  1:44:12 PM  Show Profile
Sorry you have to deal with this. When we bought our little farm, we said we were done moving. Now, with the new tax laws in Indiana our property taxes could skyrocket. We'd probably have to move. Not looking forward to it.

"Courage is being scared to death and saddling up anyway" -John Wayne
www.farmallchick.blogspot.com www.farmallchickphotos.blogspot.com
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Missus Miranda
True Blue Farmgirl

285 Posts

Miranda
Thrall TX
USA
285 Posts

Posted - Dec 30 2014 :  2:32:24 PM  Show Profile
How on EARTH can they just tell you that, because a bunch of rich snobs are moving in, YOU have to change YOUR way of life????

GOD HELP US, IT'S TEXAS!!!!!!!!!!!!

Sorry, I can hear my ancestors spinning in their graves....

"I'm not trying to be mean or cantankerous. I just wish people would do the right thing, and use a little common sense." ~ Farmgirl 3535
Thrall, TX

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cajungal
True Blue Farmgirl

2348 Posts

Catherine Farmgirl Sister #76
Houston Area Texas
2348 Posts

Posted - Dec 30 2014 :  3:22:38 PM  Show Profile
Miranda, I agree totally! Most of the time Texas is on the side of the land owner. What's happened here is that the City of Houston has grown and taken in surrounding areas. We are 40 miles from downtown Houston and they have sucked us in and annexed us from way up here. So, it's really the city that's doing all of this. It wouldn't be like this out in county land that has no city affiliation.

Catherine
Sister #76 (2005)
One of the best compliments from one of my daughters: "Moma, you smell good...like dirt.

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Missus Miranda
True Blue Farmgirl

285 Posts

Miranda
Thrall TX
USA
285 Posts

Posted - Jan 13 2015 :  08:55:49 AM  Show Profile
Well, that makes sense... Austinism is creeping our way, too. I have friends in the Houston area who are just sick of the creeping death of the city, too.

Y'all are in my prayers, for sure!!!!

"I'm not trying to be mean or cantankerous. I just wish people would do the right thing, and use a little common sense." ~ Farmgirl 3535
Thrall, TX

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