Re zoning

[smfcpacfp]

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.

Clearly the loss in value is not a tax deductible loss. He would actually have to sell the property to realize a tax loss, and only if the property would held as an investment, rather than for personal purposes.

 

[2manyrocks]

I guess your property is not currently in commercial use so that it would be grandfathered but they came in and changed your classification on you?

 

[schmism]

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

Its worth whatever you can get a buyer to pay you for it. No reason you still cant sell it to walgreens for 200K. They just need to get it rezoned back to what it was before it was rural. Shouldnt be an issue as most districts are always looking for new sources of tax income.

 

[tallyho8]

If you aren't planning on selling the property anytime soon, it will be a bonus to you as it should lower your property taxes. If you were planning on selling it soon, get ready for round one of a long fight.

Many of the neighboring parishes, St Charles and St Tammany and others have just been rezoning large tracts of land and I have seen many articles in the paper about it.

As you probably know, in Louisiana, when they are rezoning large tracts they must advertise it in the legal newspaper. In most parishes around New Orleans it is the Times Picayune but in your parish this may be some small not often read newspaper and it will be a small classified in the back section under legal notices.

They tried to rezone a large tract by me and I helped get a group of neighbors together to form a civic association to fight it and we were able to prevent the rezoning. Your strength is in numbers. Getting it rezoned back to what it was will be an even harder fight especially if your neighbors are against doing it.

If there are no close neighbors to the property who would oppose it being rezoned commercial, you could probably easily get it spot-zoned if someone was ready to start a business on it.

The most important fact is finding out who pushed to get it rezoned and why because this is the person you will be up against in getting it rezoned back commercial. If they did it to get their taxes lowered on large tracts they own by getting them rezoned rural they may not mind you getting your one small piece rezoned commercial.

 

[Big Bri]

thanks for the replys guys,
I'm not selling the property, i bought it in 2004 with the idea that i was going to build an office ware house complex on it. when i bought it i had the land sub divided, i own the land that is on the 4 lane hwy, and the lot behind it.
I had it sub divided so that if i wanted to sell one building or the other i could.
(never know when you might need money) I built on the first lot (the one on the hwy) back in 2005, i'm now ready to build on this lot as i've found some renters and when i went to pull permits i was told about the rezone.
What i should say about this land is that this was a corner lot and on this side of the corner only the first lot is now zoned commercial, on the other side of the street (not the 4 lane but the side street) it is zoned commercial for 1740ft, and it has been subdivided into 6 lots all commercial.
Every where up and down the major hwy it is zoned commercial 600 ft min. on ether side of the hwy, except my lot which is only 135'off the hwy. I also found out that the man who owns the land on the other side of the side street with the 1740 commercial zone is the SIL of a Parish (county) Planer who is incharge of issuing building perments.

 

[tulenutn2o]

thanks for the replys guys,
I'm not selling the property, i bought it in 2004 with the idea that i was going to build an office ware house complex on it. when i bought it i had the land sub divided, i own the land that is on the 4 lane hwy, and the lot behind it.
I had it sub divided so that if i wanted to sell one building or the other i could.
(never know when you might need money) I built on the first lot (the one on the hwy) back in 2005, i'm now ready to build on this lot as i've found some renters and when i went to pull permits i was told about the rezone.
What i should say about this land is that this was a corner lot and on this side of the corner only the first lot is now zoned commercial, on the other side of the street (not the 4 lane but the side street) it is zoned commercial for 1740ft, and it has been subdivided into 6 lots all commercial.
Every where up and down the major hwy it is zoned commercial 600 ft min. on ether side of the hwy, except my lot which is only 135'off the hwy. I also found out that the man who owns the land on the other side of the side street with the 1740 commercial zone is the SIL of a Parish (county) Planer who is incharge of issuing building perments.

This is their way of getting more money from you in the future by requiring you to pay for it to be rezoned back to commercial. He who thinks our government is not corrupt is a fool. My .02.

 

[MJ's Design guide]

Appeal your taxes on this issue to the highest level
get some legal counsel
check notifications sent to you regarding change in zoning laws
go to board meetings
and prepare to be absolutely exhausted as the government does everything possible to make you go away
Unfortunately I have learned through fighting city hall for 7 months on a permitting/stormwater/public easement issue, that the government is set up to hold onto its purse strings, and do everything to make you go away. And you have been wronged, but doing anything might be another story. Get a lawyer to help.

 

[Big Bri]

Just an update, I had my rezoning hearing yesterday, I came well prepared, stated my case, showed my pic, graphs, and surveys. No one came to protest the rezone, and the only opposition i got was from the planing commission, and a few from the zoning board. In the end i won with a vote of 6 to 3.

I know have to go the the Council meeting and have the 11 member town council approve it, from what i understand they usually approve what ever the zoning board approves so it looks like i'm in the clear but i will still be going to make sure there in no objections.

What disturbed me about this meeting is that the the 3 that voted against it seemed to know a lot about it. They would look at the planing commission before they would speak, and the planing commission would whisper to the zoning board what to say. Just seemed a little under handed.

 

[JCB]

Congratulations Bri,

It's got to be a good feeling walking out of that meeting. Planning commission and zoning boards bring back memories of starting my business a couple years back. Even though it clearly seemed you got screwed at the onset, it still seems you got off fairly easy only having to attend one meeting. Having to attend several seems more the norm.

Joe

 

[Big Bri]

Congratulations Bri,

It's got to be a good feeling walking out of that meeting. Planning commission and zoning boards bring back memories of starting my business a couple years back. Even though it clearly seemed you got screwed at the onset, it still seems you got off fairly easy only having to attend one meeting. Having to attend several seems more the norm.

Joe

One of the Board members that voted against it asked if i was willing to wait till the next hearing (a month away) so that they could review the land layout more. I told them NO, Today was my hearing, and i Wanted an answer today.

i think they wanted to find more reasons to deny me or to change the minds of the members i had won over.
thanks for the support
Brian