27 March 2005
The State Steps in..
Looks like the property in Troy is not going to be ours.

It turns out that NH passed a law a year ago to the effect that "back lots with undefined rights of way" shall not be allowed to have building permits.

I assume it's in response to some whining loser in a property conflict, and therefore NH has taken the value of thousands of parcels and flushed them down the septics that will never be built.

Oregon had some similar issues, regarding zoning regulations that deflated property values. The voters passed a measure last year to say, in effect, that if the state, county, or town does such a rezoning, then it must compensate the owners whose properties have decreased in value. It's called the 5th Amendment to the US Constitution.

Anyway, crux of the matter. No building permit; we can't proceed. The seller is expressing no interest in resolving it. We've offered to pay for it if the price comes down commensurately, we await word on that.

It's interesting to me how the State can foul up a relatively simple transaction like this. There's a buyer and a seller. The buyer has several contingencies before money changes hands. It seems that most of these contingencies are the ability of the new owner to actually use the property in a particular manner.

The right-of-way is a contract between two other people. It says, "you can access your property through mine." Presumably, money or favors of some sort changed hands to get that right of way. Where, exactly, does the State care?

If there is a dispute down the road [sic], it's between the two property owners. There is a contract, just enforce the contract.

Also, the arbitrariness of the rules is breathtaking. To be allowed to build a house on a property, the property MUST have 50 feet of road frontage. 50 feet is enough for a four lane highway! Why so much? They tell us so that they can get "emergency equipment" into the property.

Let me get this straight. A fire engine needs 50' of road??? I can drive dump trucks, cement mixers, and cranes - not to mention my RV on a 10 foot road, but I need fifty effing feet for "emergency equipment"???

Utterly arbitrary.

Anyway, the kids are devastated, Jean is a basket case, and I am angry - at the State. Again. I imagine that somebody will still get to enjoy that property as part of their "view shed" or whatever. The current owner gets screwed out of thousands of dollars, as do thousands of property owners around the state. Until this law is challenged, and, hopefully, thrown out.

In the meantime. We are back at square one.