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Farmland to construction site to farmland?


chadd

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Escrow account for returning to prior conditions.The amount to be established by an outside contractor to do the work when the original contractor balks and files bankruptcy. Escrow account for long term damages/environmental damages retained for an extended period of time(10+ years). That ground will take a long time to heal.

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Lots of worthwhile comments from everybody's posts.

Just following up on my original reply-----------talk to your attorney (the pit bull dressed in a suit); but it might also be worth your while to talk with the school administrator and find out the "true story" of what this project is all about. Find out what the contractor's other alternatives are-----------there may be another alternative route that they can take. You need to know as much or more about the project than the contractor------------they may be just looking for an easier way to access than the engineers planned for.

Just thinking out loud: but a 30 ft access for a construction site doesn't seem very wide for the going and coming of loaded trucks; plus if they are going to excavate the top soil----------where are they going to store the top soil???

ALL COMPENSATION SHOULD BE UP FRONT BEFORE THEY ACCESS YOUR PROPERTY-------------and the bond for restoration of your property should be held in escrow by your attorney. It's not uncommon to see contractors file bankruptcy in the middle of a project and leave all parties holding an empty bag-------------resulting in the project going unfinished for several years; plus you would be left responsible for restoring your property.

Don't compare this to rental of the land as if it was farmland-----------but for their actual planned use of this land and what it is worth to them. As others have said----------it will be awful hard to ever restore to its current condition. This could be a profitable situation for you------------but most likely will be a headache.

Don't know all of the details---------but I am basing my thoughts on the fact that this would not qualify for an eminent domain taking; and should be looked at as a negotiated contract. It appears that the engineering of this project assumed access from another route. (this is one of the first points that you need to clarify with an attorney)

Plan for the worst---------hope for the best!!!!!!

Delta Dirt

Avon Ms 38723

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im going to give you some very simple and cheap advice. Say no. Nothing else just no. If you let them do this there is no way you will ever be happy with the results. If they threaten emminent domain just tell them you will glady spend every last penny fighting them in court. Make it seem much easier for them to move a playground than fight with you.

bill

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Having sat on a school board when this type of thing was happening, and been on both sides on other occasions...... the simple answer is 'NO'.

The access and parking is WAY to small. Unless you put a 10 foot chain link fence, you can expect heavy equipment and parking anywhere that is convenient. I've seen 'restored' farmland that will only grow 6" beans and 20 bu. corn. (and that is years after being restored)

I could go on and on about this. Like I said, I've been on both sides. Get a GOOD attorney and let him tell them NO. It's the same answer as if you say it, but just the fact that it's coming from an attorney shows that you are serious. Just the fact that they know you have an attorney and that you will not do anything without first contacting him/her will in itself sometimes make them re-think the options. Keep us updated.

Good attorneys and good accountants are money well spent.

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Being from the construction side of things I have some good insight on this topic. Im not a know it all by any means.

One simple answer to this. NO

Your land will never be the same. If they were a good construction company they would have figured out the access route LONG ago and wouldnt be coming to people at the "last" minute to try and figure out something.

Construction companies always leave stuff behind, the good ones get most of it but if its a big project then stuff will fall between the cracks.

When they said they want to borrow it for no cost then they just want to yank you around and think they can walk on ya. Construction companies like to push their weight around.

Its just too risky IMO.

Chris

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Don't know all of the details---------but I am basing my thoughts on the fact that this would not qualify for an eminent domain taking;

I know nothing but it doesn't look like it would be to me either. The way the govt is ignoring other laws though I wouldn't hold my breath. Since they can come through the playground I don't see how any thinking human would force you to comply. Be ready to be the heal of the area with all mothers since you wouldn't "help the children". After all, you stole the playground from the kids you animal!! This is sarcasm of course but doesn't always come through the screen.

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Here's what you do.

You say OK but you set a pretty good price on the whole thing.

THEN you require the contractor put a performance bond on the restoration work.

Of course the crop land may never be the same. You should consider that.

but again, it all comes down to price.

HIRE AN ATTORNEY!

Or just say no.

Its your call.

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Don't know all of the details---------but I am basing my thoughts on the fact that this would not qualify for an eminent domain taking;

I know nothing but it doesn't look like it would be to me either. The way the govt is ignoring other laws though I wouldn't hold my breath. Since they can come through the playground I don't see how any thinking human would force you to comply. Be ready to be the heal of the area with all mothers since you wouldn't "help the children". After all, you stole the playground from the kids you animal!! This is sarcasm of course but doesn't always come through the screen.

hopefully they give up

but today eminent domain means what ever the politician/ millionaire wants they (WILL) take ,if they have to scam $1B of other tax money to do it they will

then out spend on lawyers and country club for the judge until you have no choice but to give up.

all this US gas and oil is being sent overseas the holding co's that control it have absorbed control of public utilites ,thus when citys complain of derailed trains on fire they steal what ever farm is in the way for these new pipe lines

1 county over is putting 5 thru over 200 farms basically 10 acres wide, $0-10% compensation no reduction in tax and limit use or sale

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I did a similar deal once with a company installing sewer system in our area that needed a place to "weld" composite sewer pipes together. they needed about 3 acres in a hay field. I met with them in the field with a few fence posts and we set the posts to mark their boundery. I figured out what it would take to BUY that piece of land and doubled it. Told them I expected it to be clean when they left and when I had payment they could begin using the lot. They used it for that hay season and the next year I rolled it and resumed making hay on it right along with the rest of the field. The last couple years the seeding was weaker in that area though. You probably ought to get a little more than I did, You could be looking at a decade to get it reclaimed. I don't know if you need an attorney unless hazmat is involved, just be sure you get enough money up front.

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im going to give you some very simple and cheap advice. Say no. Nothing else just no. If you let them do this there is no way you will ever be happy with the results. If they threaten emminent domain just tell them you will glady spend every last penny fighting them in court. Make it seem much easier for them to move a playground than fight with you.

bill

After reading the other replies. I agree with Bill.

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I decided to sleep on my thoughts on this topic before answering. I would probably just say no. Playgrounds aren't that expensive to reconstruct. People will act like it is the end of the world since children and pets rule today's households.

Being familiar with the construction industry a fair amount, there are just so many things that can go wrong despite the best intentions of those whose dollars are at stake. All it takes is a bone-headed employee of a subcontractor who does something really dumb.

In the last few months, we allowed a gas company compensate us to run a new line along a property boundary to feed a new industrial park. It saved them from adding to a line 1 mile away. The work was done so-so upon completion...but we made very few demands. I don't know what kind of grass was seeded but germination is horrible.

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I would tell them you are doing them a favor and expect them to rebuild the septic system and playground now while renovating everything else. Otherwise they will come back in a couple yrs with another referendum crying about the need to rebuild the septic and playground.

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I would tell them you are doing them a favor and expect them to rebuild the septic system and playground now while renovating everything else. Otherwise they will come back in a couple yrs with another referendum crying about the need to rebuild the septic and playground.

Best idea yet.

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We told them that we want to see a formal plan of what they are going to use (not the hand drawn sketch he gave us), plus IF we do it, we would want a bond, payment for land use, and payment for all fees (lawyer, appraisal, etc.) on our end. Haven't heard anything back from them, yet. Rumor has it that they were not happy when they heard about the bond...

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like not skipping out in the night

make sure it is spelled out confessed judgement (not to the judge of their choice/brother/party)and they pay any costs associated with non compliance and bond funds are immediately released to cover these items

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