When are we going to hold local government officials accountable for bullshit like this? Send them to prison.
That's not absolute. There can be other cases where you have standing even if you aren't involved in the transaction but those cases are limited.
Now it's also possible that the deed wasn't properly recorded. If it was, there might be more people who have standing, such as those near the project who are negatively impacted. It's possible that the district court erred or maybe the people bringing suit didn't live in the area or otherwise have standing.
It does seem wrong that you can effectively invalidate a deed restriction by simply selling it enough times.
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 hereby bargain, sell, convey, and confirm unto the Grantee the following described real estate.
These things are more common that people might expect. Not everyone is a lawyer-esque asshole, but that does open situations up to disagreements where people respond with "should have talked to a lawyer"
It doesn't sound like what is happening here, but I don't think you should be able to block development on land you donated indefinitely.
On land you contractually purchased with the condition that development be blocked indefinitely? Then why sign the contract? If they wanted a time limit, they could have put it in the contract, or not signed the contract.
If it gets zoned as parkland as part of a sale - great! You should be able to make that part of a sale contract. But if the governing body then votes to make it something else a decade later, that should simply be part of how things work.
Old people ossifying things to how they prefer via preventing future generations to freely operate is not how I want a society to run. If anything the older you get the less say in the future you should have.
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 written (IANAL) perhaps only C has standing. But either way, B is just some random person in this relationship.
Dream of my life to see politicians to be personally responsible for fuckups they cause to people.
My local park is zoned as no "dog poop allowed", and it is one giant toilet for dog owners. Everyone from miles away cones to dump their shit there.
If you complain, you get brutally assaulted.
No shame against this family, they and their gift were taken advantage of by their city and its representatives. You don't know what you don't know, "unknown unknowns."
https://theconservationfoundation.org/protect-conservation-l...
> Conservation land trusts work for private and public land. There are many options available to help landowners preserve, protect, and restore land. Two of the most popular options are fee simple and conservation easements. The fee simple option has the conservation land trust owning and managing the land that is donated or sold. A conservation easement is where landowners and a land trust enter a legal agreement to permanently limit the use of an area to protect conservation values. Landowners can either sell or donate the easement to land trusts. Landowners retain ownership of the land, can sell their land in the future, or pass it on. But the conservation restrictions remain forever.
(i work with a land conservation trust in the midwest)
Looks like they chose the trust poorly - the trust is the one who sold it to the city I think?
Anyone pooh-poohing these developments is a NIMBY, and uh, proud YIMBY here! If someone wants to build a data center in my neighborhood, I'm all for it. It is going to help push humanity to Mars, as Elon often says, who I trust because he is very smart and always thinks before he speaks. I can't wait to have a robot wife on Mars while AI slop porn eats my brain alive, because I never had enough game to find a human one. Oh well. If a data center brings that to fruition, let's go for it! Enough with this NIMBY nonsense. Silicon Valley is much smarter than rednecks in Appalachia, and we know what's best for them. We're totally not soft-eugenicists and totally don't listen to Curtis Yarvin's deranged tripe. We also are totally ANTHROPIC, not misanthropic, in fact, so much so that Dario Amodei named his company that! Totally trust him, bro.
Isn't it simpler to believe that people like Terrance Tao who have been in good standing with the academic community for a long time are telling the truth? Like you may very well disagree with their predictions based on your lived experience or theories... But it doesn't take some crazy leap of faith to follow their logic of "AI could get better at fundamental/ applied STEM research than humans -> we can scale this up exponentially -> scaled up human level or super human level research will lead to major scientific breakthroughs".
Like sure CEO's like Amodei/ Altman/ and Musk may have an incentive to hype things up but not every opinion by every smart person has to be part of some grand conspiracy.
> AI could get better at fundamental/ applied STEM research than humans -> we can scale this up exponentially -> scaled up human level or super human level research will lead to major scientific breakthroughs".
Again, this is a misapprehension of the technology itself and its most ideal use cases. Any software producing stochastic or probabilistic output and cannot produce verifiable, repeatable, and predictable data cannot fundamentally replace something that requires a high level of proof and validation. If you do this, you will expend valuable resources verifying the output that would be better spent just verifying the inputs in the first place. I'm no Luddite and I do think AI is cool and incredible technology. If you reframed that sentence as "AI could get better at taking the busywork and tedium out of fundamental/ applied STEM research than humans -> we can scale this up exponentially -> leveraging human strengths with AI's super-human strengths at assorting and analyzing information will lead to major scientific breakthroughs" then I would have absolutely no issue with it. But the marketing copy never says that and instead frames it as "AI can do anything a human can do and better," which is a) patently untrue, and b) suggests a very troubling agenda that the big corporations will have to answer for at some point or another.
This is a jerk move by the city, but that is a different issue.
This is closer to the time of the lawsuit and has some more details - they sold it to a trust who then sold it to the city some years later, and the city rezoned it in 2005. It's possible they missed the timing maybe?
https://www.wbur.org/news/2009/07/17/esplanade-future
I don’t know the particulars of this Texas case, but the lack of green space in American cities is often the result of a car centric and building height limited urban planning.
Paris is an excellent example of how urban density and green space can go hand-in-hand.
It gets nuanced - but in general speaking terms this sort of thing should never be forever set in stone because someone alive 100 years ago decided as such via a private contract. Many other ways to go about setting aside areas for conservation.
Even conservation trusts make more sense to me. It’s still private, but they have an incentive to stay receptive to public comment and be a bit flexible. They might swap that 10 acres for another 100 acres somewhere else that creates a 1200 acre contiguous wilderness or what have you in order to stay relevant to contemporary needs while still staying true to the 250 year old mission.
I simply do not think you should be able to dictate (via private means) what happens to a property after you sell it. That’s for the next person who owns it to decide - in accordance with current local zoning and land use guidelines.
Most contracts are legally mandated to have time limits. I think that's a good policy.
In this case an explicit number of years it has to stay a park would probably work better than an attempt at indefinitely defining the land.
https://www.washingtonpost.com/nation/2024/06/24/corner-cros...
I also don't see how this behavior is in the public good, even if the donor has some ulterior motive, governments are free to reject donations
You don't pay taxes on land in current use, but, if you or whomever you sold the land to, wants to build on it, they have to pay the back taxes first. It's a great for conservation.
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.
While I'm sure that's happened once or twice and serves as great fodder to get people of a certain ideological bent riled up, for the most part nobody is giving government land that's worth a shit. They're doing it to land that's effectively unusable due to regulation. Like if you own a strip that's a many acre 30ft wide along a steep river bank plus some space for a house (the lot layout could be the result of an old railroad or industrial thing) you gain literally nothing being on the hook for all that and you can't use it. That sort of thing is the typical case in which these sorts of things are invoked. It's more of a "well if you jerks care so much about what I do with it you can have it" type deal than a tax dodge.
It even sprouted a cottage industry of REITs selling investors on a product built around it, syndicated conservation easements: https://www.propublica.org/article/syndicated-conservation-e...
To be clear, I guess that a city who had ownership rights but not development rights could be stupid and ignore a conservation easement, but I guess that is not likely.
The land trust you work with - are they accredited with LTA?
Socialized risk and privatized profit is the default. AI isn't going to change that. If it is as successful as the hype, it's going to exacerbate it.
I was really expecting a /s at the end of this, but that'll do pig. that'll do
(I get that you're being ironic.)
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?
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.
I do.
Specifically because of who doesn't.
My neighborhood is across the street from a company that specializes in the repair of hydraulic hammers, a water treatment plant, paper mill and recycling center and a freight rail so we've got it pretty good as is but I see no reason not to continue improving.
I don't know how to pull the actual court documents without paying for them, but the article indicates the case was dismissed for lack of standing.
The plaintiffs tried to argue that as neighbours, they had an interest in the land usage being enforced. The court disagreed.
I presume the original family could bring a case? It doesn't seem like the 404 article or the Taylor Press article talked to them to see how _they_ feel about how their gift is being used.
nativeit•1h ago
“When nothing belongs to everyone, the rich will own everything, including the rebellions against them,”