hort.net Seasonal photo, (c) 2006 Christopher P. Lindsey, All Rights Reserved: do not copy
articles | gallery of plants | blog | tech blog | plant profiles | patents | mailing lists | top stories | links | shorturl service | tom clothier's archive0
 Navigation
Articles
Gallery of Plants
Blog
Tech Blog
Plant Profiles
Patents
Mailing Lists
    FAQ
    Netiquette
    Search ALL lists
    Search help
    Subscription info
Top Stories
Links
sHORTurl service
Tom Clothier's Archive
 Top Stories
Disease could hit Britain's trees hard

Ten of the best snowdrop cultivars

Plant protein database helps identify plant gene functions

Dendroclimatologists record history through trees

Potato beetle could be thwarted through gene manipulation

Hawaii expands coffee farm quarantine

Study explains flower petal loss

Unauthorized use of a plant doesn't invalidate it's patent

RSS story archive

Land Use 101 For Community Gardens

  • Subject: [cg] Land Use 101 For Community Gardens
  • From: "Honigman, Adam" Adam.Honigman@Bowne.com
  • Date: Thu, 12 Dec 2002 17:23:37 -0500

Friends,

Put simply, and in a way that will make most good real estate attorneys
cringe at my oversimplification ( sorry folks, my forte is securities law)
- all land in the United States of America ultimatelybelongs to the state,
in the same way that all land in England belongs to the King. You may have a
freehold in that land, you can have a life estate in that land, it may have
been in your family since Queen Anne, but if the state wants it, the state
can have it. 

I sit on a Land Use Committee of my local community board in Manhattan and
the game I play there is zoning. The only way that community gardens have
any land upon which to garden is if it is leased from other entities,
governmental of private, or if it is on land purchased for the purpose by a
private land trust. Ultimately, however, if the King, or government needs
your land for a "compelling" reason, it has that right by "eminent domain". 

In the end, the ownership and use of land is political, just like community
gardening, just like any persuit where human beings are involved. 
Some sites to make your head feel like it's exploding: 

Here's the Cornell University Page on Real Property: 

http://www.law.cornell.edu/topics/real_property.html

WestLaw Eminent Domain Site: http://www.wld.com/conbus/weal/wemindom.htm

Cheers,
Adam Honigman

-----Original Message-----
From: Jim Call [mailto:jimcall@mail.casagarden.com]
Sent: Thursday, December 12, 2002 4:19 PM
To: community_garden@mallorn.com; a.h.steely
Subject: Re: [cg] If you own the garden


Helen,
  We appreciate your input.  Sad but true revelations in the real world of
CGs.  I've told that only 5% of all CG have site permanency.  Now I
understand why.

Thank You,   Jim 

---------- Original Message ----------------------------------
From: "a.h.steely" <gfcp@mindspring.com>
Date: Thu, 12 Dec 2002 15:49:19 -0500

>To the party that thought that the government can not take the property if
>you have a deed...  I have seen the government take - for a dam project on
>the upper Delaware River - huge acreage and then arrest squatters who lived
>on the property for years as well as some of the people who refused to sell
>even after eminent domain went through the courts.  The dam on the Delaware
>was finally found to be not viable or some such nonsense.  That was over 30
>years ago when I lived in a town named Lambertville, N.J. which is across
>the bridge from New Hope, Pa.  Those farmlands and homes were owned in
their
>entirety by the deed holders, unlike the lands of western Penna. and W.
Vir.
>down through Kentucky which have underground rights owned by coal
companies.
>
>Most city property sits on land that the city can use for sewers, power
>conduits, etc.  The bundle of property rights means nothing if the
>government decides that your land is wanted for something the elected
>officials vote is for the common good.  In the state capitol of Harrisburg,
>Pa. I have watched the common good defined as whatever some developer
>convinced an elected official was good for the economic well-being of the
>bribed official.
>
>We just had a representative named John Barley retire because he eminent
>domained his neighbors for property to be given to family members building
a
>dump.  But for years (since the 1960's) he had been the bag man for
payments
>to the state legislators...  a fellow Mason of Mr. Barley told me that.
>
>No matter how much of the bundle of property rights your community garden
>organization owns, it is not safe.
>
>Sincerely sorry to correct your wishful belief,
>Helen Steely
>Harrisburg, Pa.
>Paralegal and former law student in a real live law school.
>
>
>
>______________________________________________________
>The American Community Gardening Association listserve is only one of
ACGA's services to community gardeners. To learn more about the ACGA and to
find out how to join, please go to http://www.communitygarden.org
>
>
>To post an e-mail to the list:  community_garden@mallorn.com
>
>To subscribe, unsubscribe or change your subscription:
https://secure.mallorn.com/mailman/listinfo/community_garden
>

______________________________________________________
The American Community Gardening Association listserve is only one of ACGA's
services to community gardeners. To learn more about the ACGA and to find
out how to join, please go to http://www.communitygarden.org


To post an e-mail to the list:  community_garden@mallorn.com

To subscribe, unsubscribe or change your subscription:
https://secure.mallorn.com/mailman/listinfo/community_garden

______________________________________________________
The American Community Gardening Association listserve is only one of ACGA's services to community gardeners. To learn more about the ACGA and to find out how to join, please go to http://www.communitygarden.org


To post an e-mail to the list:  community_garden@mallorn.com

To subscribe, unsubscribe or change your subscription:  https://secure.mallorn.com/mailman/listinfo/community_garden





 © 1995-2015 Mallorn Computing, Inc.All Rights Reserved.
Our Privacy Statement
Other Mailing lists | Author Index | Date Index | Subject Index | Thread Index