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A Farmer Donated Land to Turn into a Park. The City Is Building a Data Center

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Re: A Farmer Donated Land to Turn into a Park. The City Is Building a Data Center

#91
post #43

Earlier quoted context omitted.

It was unclear from this summary but there are a few parties here: the original farmer A, the neighbouring family B, the city C, and the datacenter builder D. A sold to C with the deed restriction C sold to D without the restriction B tried to sue to stop D from building the datacenter, but B has no standing. Okay, that makes sense. It seems to me that A or C has standing, but not B. And depending on the way it's wri…

So there are two issues: (c) shouldn't be able to sell without the restriction, and (b) knowing of the restriction made decisions in good faith believing it would be followed and hence have been harmed by it not being followed, no? If (b) doesn't have standing, nobody does and deed restrictions are de facto useless.

(a) has to sue and they will prevail.

(b) does not have standing.

Re: A Farmer Donated Land to Turn into a Park. The City Is Building a Data Center

#92
post #72

Earlier quoted context omitted.

Honestly, it sounds kind of incoherent to me. How do you imagine YIMBY relaxing zoning and allowing things at lower cost and not simultaneously allowing people with money to push through what they want? It sounds more like you are saying YIMBY but imagining MIMBY (maybe in my ...) where you've just replaced those other guys making the decisions with your own cabal?

> How do you imagine YIMBY relaxing zoning and allowing things at lower cost and not simultaneously allowing people with money to push through what they want? Relaxing zoning laws never meant throwing them completely out the window. It has always been a matter of pruning zoning rules that overly restrict land use to the point that minor deviation from the norm is impossible.

Whatever the level of relaxation, I don't understand how you think it is going to enable low cost development of your preferred things, while excluding those with money from absolutely pushing rules to their limits to build their preferred things..?

Re: A Farmer Donated Land to Turn into a Park. The City Is Building a Data Center

#93
Never donate things for the government. No matter if it is local, state, NEVER trust politicians.

You want to give something for the community? for nature? create a foundation or deed it to a natural conservancy organization, another foundation, a church, but never the government.

Re: A Farmer Donated Land to Turn into a Park. The City Is Building a Data Center

#94
post #46

Wow they had the condition that the land be used as a park baked into the deed when they sold it to the city for $10, the city sold it, and when the family went to court their suit was dismissed. Now their home is worthless because nobody wants to live next to a data center. When are we going to hold local government officials accountable for bullshit like this? Send them to prison.

>"Send them to prison" Dream of my life to see politicians to be personally responsible for fuckups they cause to people.

At today's rate in the US, executive immunity is going to extend to all elected or appointed officials in perpetuity.

Re: A Farmer Donated Land to Turn into a Park. The City Is Building a Data Center

#95
post #43

Wow they had the condition that the land be used as a park baked into the deed when they sold it to the city for $10, the city sold it, and when the family went to court their suit was dismissed. Now their home is worthless because nobody wants to live next to a data center. When are we going to hold local government officials accountable for bullshit like this? Send them to prison.

It was unclear from this summary but there are a few parties here: the original farmer A, the neighbouring family B, the city C, and the datacenter builder D. A sold to C with the deed restriction C sold to D without the restriction B tried to sue to stop D from building the datacenter, but B has no standing. Okay, that makes sense. It seems to me that A or C has standing, but not B. And depending on the way it's wri…

Please tell me how I can just strip deed restrictions simply because I don't like them and/or they're inconvenient for me.

Deed restrictions are the mechanism that basically all HOAs are built upon so if you can just skirt around them because $reasons there are millions of people who would like to know.

Re: A Farmer Donated Land to Turn into a Park. The City Is Building a Data Center

#96

Since this seems to be a misapprehension by a couple of commentators I'll put this as a top-level comment. The family bringing the lawsuit is not the family that donated the land.

(Sorry, I don't have access to read the full article)

Is the family suing a member of the city? If so they still seem like valid complainants in the case since its publicly owned land.

Re: A Farmer Donated Land to Turn into a Park. The City Is Building a Data Center

#97

Earlier quoted context omitted.

Public parks should not be developed on for the sake of the community. We need wild areas.

We need wild areas in the community ? Why? Let the wild be in the wild.

There is less and less wild left over.

Re: A Farmer Donated Land to Turn into a Park. The City Is Building a Data Center

#98

Earlier quoted context omitted.

We need wild areas in the community ? Why? Let the wild be in the wild.

It's farm land. Sounds pretty wild to me. Also, we have wild land set up as parks as in national/state parks. A park doesn't have to mean slides/swings and a bunch of ankle biters running around.

Farm land isn't wild.

Re: A Farmer Donated Land to Turn into a Park. The City Is Building a Data Center

#99
post #25

Earlier quoted context omitted.

There is a tax loophole where you buy a lot of land and donate 90% of it to the government to be "public parkland". However, in actuality, you're the only person who has convenient access to this land and nobody else can build there, so you get nearly all the benefits of this land while claiming a big tax deduction. It doesn't sound like what is happening here, but I don't think you should be able to block developmen…

The law addressed this centuries ago. The general rule is that you can enforce such rules for a generation plus twenty years. That may seem like a long time, but the rule prevents the "cold hand from the grave" dictating how living people should act. https://en.wikipedia.org/wiki/Rule_against_perpetuities In this case, the farmer should have talked to a lawyer first. There are ways to set thing up to prevent misuse.

Apparently not in South Dakota.

Re: A Farmer Donated Land to Turn into a Park. The City Is Building a Data Center

#100

Wow they had the condition that the land be used as a park baked into the deed when they sold it to the city for $10, the city sold it, and when the family went to court their suit was dismissed. Now their home is worthless because nobody wants to live next to a data center. When are we going to hold local government officials accountable for bullshit like this? Send them to prison.

Is it true that it was sold for $10? There’s a common phrase in Texas deed transfers similar to the below which just means “The sale price is none of your business” Common Texas boilerplate: That for and in consideration of ten dollars ($10.00), cash in hand paid, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the Grantor has bargained and sold, and does here…

Not a lawyer but my understanding is that a valid contract must involve an exchange of value from both parties
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