Re zoning

[Big Bri]

My Parish (county) just rezoned a tract of land i own form commercial to rural. I paid 200k for this land last year and now after their rezoning it's not worth but about 50k
This peice of property is 1.2 acres and is 135' off a major 4 lane hwy (conects baton rouge to new orleans). I was not given any notice, letter or a phone call about it. when i complained i was told that they held a public meeting about rezoning the entire parish and i should have attended. (only 87 people showed up for 13 different meatings.
my question to you is can they leagly do this and if they do, are there any steps i can take to recope my loss, kinda like eminent domain where they would pay you for you lost property?
thanks for any help

 

[smfcpacfp]

I am the chairman of our planning commission here in a township in Michigan. When we change our zoning ordinance (i.e., such as widescale rezoning) verses rezone one property, we are only required to notify residents by advertising in a local newspaper twice, post the proposed changes at the township hall for general inspection and then a public hearing is held and from there our recommendation goes to the township board ( the elected governing body) for their approval. I know this seems unfair, but the alternatives are quite expensive.

If we get a request to rezone just one properrty, the date of the meeting to discuss the change must be posted on the property (which would have limited notification benefit), it must be advertised in the paper, and the adjacent property owners would be notified by a registered letter return request. Of course, in that case only the owner can make a rezoning request.

At our last meeting we had a couple who came with a situation similar to yours and they were rather unhappy. They can apply to have it rezoned and might succeed. I agree, it seems a bit unfair, unless you constantly monitor what goes on in your zoning unit of government, these things might happen without your knowledge. The state mandates the procedures for rezoning and unless the zoning district didn't comply with the state procedures, you have little recourse except to apply to have it rezoned. There is something here called, "spot zoning" which means that you can't simply rezone one parcel for the benefit of the owner unless it is consistent with the surrounding area. That is something that your zoning entity will be thinking about when considering your request.

 

[bp fick]

Well, you are in Louisiana, and I say that as a former resident.

Yes, you, as the property owner, were to have been notified of the proposed zoning change, as were your adjoining neighbors. If, and you should verify this, if you were notified by mail, although where they would have mailed the notice is anyone's guess, then you were duly notified of the possible change. There had to be a tax payer mailing address attached to that parcel.

If, by chance, all that is required is public notice, via the official newspaper for posting by the parish, they may have fulfilled their duty that way.

Either way, I doubt this was done sneakily, even though it passed by your attention until the deed was done. Yes, they can re-zone and sometimes it results in a diamond and sometimes a stone. No, they don't have to pay you for your loss. I am very sorry for this unfortunate happenstance.

I am not a lawyer, nor do I play one on TV, just a citizen.

edit: similar to above. We were typing at the same time.

 

[oldnslo]

Here in Illinois they are supposed to notify all property owners in writing along with all of the adjoining property owners.

Make sure your taxes are adjusted accordingly. Small consolation but at least hopefully a little salve on the wound.

Roy

 

[crusty 1]

Seems to be unfair to me I don,t take the local rag paper as its just the ussual who visited who type of thing.For what we pay in property tax seems to me that a letter addressed to your home should be required.But what do I know I,m just the dummy who worked and paid my way and gets nothing but grief from the idiots that make the rules.:droolave

 

[CurlyDave]

I would certainly consult my tax person about this being a deductible loss. Won't get you back where you were, but better than nothing.

 

[dcyrilc]

We had a simailr issue years back. Our 17 acres was rezoned as residentual. Raised our property taxes to nearly $9K/year. Keeping the taxes paid is killing us. As we are right now it's only worth about $400K. The city limits with their 5K sqft lots are 650ft from us and they keep looking to expand. If we can afford to hang on to it until that happens, we should be sitting on several million. Even so, I'm not sure I'll be able to pay the property taxes this fall. Really sucks as the property is paid for free and clear.

 

[crusty 1]

hi cyril, it may be a plot.The taxes get raised you can,t pay who gets the property? BINGO. Give that man his parting gifts for being such a good contestant.:laughing:it would be funny if it weren,t so true!I,ll be pullin for ya,Dave

 

[Big Bri]

Thanks for all the reply's. I do have a court hearing on wen. I'm going to meet with a lawyer on monday, i hope she has some answers for me.
i'll keep ya'll posted

 

[buckeyefarmer]

our county is also downzoning property, in order to control construction. Seems unfair to me, but that is your government looking out for you.