Help-- Economic Development nightmare!

[JanaKaye]

I'm not sure where to post this, or even how to describe what has happened to my neighborhood.

We have 4.5 acres on a dead-end road in a rural neighborhood (Mississippi). There are about 10 houses in our neighborhood. Our property was surrounded by woods on 3 sides, with very little of the woods being on our property, since all our land is grass and some huge trees scattered around.

The neighbor on one side of us was a small metal shop (built small metal buildings, metal roofs). Because of the woods between us, we rarely knew it was there. Hurricane Katrina came along and thinned out the woods substantially, but still provided coverage from the business next door.

Much to our horror, one morning in early 2006 we woke to the sound of bulldozers outside. We stepped outside to find that the business next door was leveling the entire woods on both sides of his property. It was a heartbreaking sight.

We ran into our beat supervisor, who we had seen on the site numerous times during this work, and asked him about what was happening. He stated that the owner of the business had received a lot of "rural economic development money" after Katrina, and was about to build a huge new building in front of his current small, unobtrusive building. As the days went by, we saw the county crews doing the leveling and hauling away. Then, they began hauling in massive loads of dirt and building up the lot where the business is.

That was months ago. The huge new building went up. The land around the business (previously woods) was leveled and cleared, leaving behind an ugly sight that they have done nothing with since then. Our entire neighborhood was opened up by the leveling of both woods, and the huge metal building is a sorry sight lining the side of our property.

My heart is broken. Our land was a quiet enclave, with complete privacy and peace. Now, we have the daily traffic of trucks in and out of the business, noise of metal-making, trucks loading, workers yelling, and basically a non-stop industry going on. (He has some kind of pipe with runoff draining from his building to the ditch between our property and his. No clue what that is!) Our entire property and house is in plain view of every visitor to the business, when it was previously completely private.

I'm sure most of you can relate to how devastating this is for us. The real rub is, HE does not even live in this neighborhood!! He bought the land and started his business on it. This neighborhood is very beautiful - everyone takes good care of their land and lots, and are excellent neighbors. We are in a rural county, and perhaps that was part of the reason he wanted to have a business here (fewer regulations?). Still, we are only 15 minutes from the nearest city.

Anyway, the reason I am posting is because I am hoping that someone can suggest some recourse that we, and other neighbors, can take against what this man has done to our neighborhood. He obviously did it with government money. <sigh> Is there any agency or organization that might be helpful to us? We would like, at the very least, to have a privacy fence or to plant a row of hedge all the way down the property line, like Redtips, or something to at least partially block out the noise and the view! We can't afford that kind of fencing or tree investment right now.

I still love this land. I wish I could buy a couple of acres behind us to at least ensure that the land to our back will remain woods, as is. But, financially, that is just not an option right now.

Does anyone know of action that we can pursue? Or do we just accept it and try to live with it? I'd like to stay here forever, if not for that nightmare next door!

Thanks for listening! I love this site and the members here.

[Spinner]

I know there are many types of living fences you can use. I planted privit several years ago at our old place (it's now a rental). I planted it cause it was cheap, I think less than $20 to cover 100 feet. It took them a couple of years to start growing, but gave us privacy in about 3 years. They are now about 30 feet high and so thick nothing can get thru them (make great homes for the local birds too!). If we ever move back to that place, I'll put privits all the way around the property. Many people say not to plant it, but it worked well for us. It makes lots of little starts come

[marvella]

you can't stop someone from conducting his business on his own property. best bet is to move. it's happening everywhere.

[SignMaker]

I would highly recomend a civil discussion with the business owner. If he has some "found" money, then he may be willing to put up the privacy treeline for you. Just explain how you viewed your property and how it is now. Make sure that you don't make him feel like he has done something wrong though. That could ---- him off.


Good luck!

[Spinner]

Originally Posted by marvella

you can't stop someone from conducting his business on his own property. best bet is to move. it's happening everywhere.

I have to disagree with you on this one. You can only pull up and move so far until some day you run out of room to run to.

He might be willing to put a 6 foot privacy fence or even a chain link security fence around his property. Then maybe you could plant a climbing vine to cover it and help keep some noise out. Put some heavy landscaping over on that side to help absorb the noise?

Turn on a radio in your house tuned to a station you enjoy to help cover the noise? Another radio in the barn?

Maybe use some feng shui to help make the area happier?

[Country Lady]

I live in MS and to my knowledge there are no zoning regulations out in the rural areas. I can really sympathize with you. The land adjoining ours on one side is up for sale at the present time. We're just waiting to see what's going to happen.

[seedspreader]

I am a little slow, so bear with me.

You are complaining because this man built on his own land and you don't like it?

Here is your best recourse... get lots of money... buy him out... tear down the building and plant beautiful trees. Or plant YOUR own trees, on your own land... see, he owned those ones that you enjoyed so much... Or move... and next time you move, buy enough land that you won't have to look at neighbors, OR build in a residential only zoned area. Of course they will probably have rules against running a mini farm in a residential only zoned area.

I truly don't understand how anyone can complain about a man building his business on his land...

[ginnie5]

we're going to be in the same boat as you. the land beside us has been bought. They've said that either condos or stores are going up there. There are old trees on that land that screen us from a lot. Since we can't do anything about it and they're not buying us out (yet) we're making plans and starting to put up trees on our property to keep our privacy. We bought 12 leyland cypress this week to put out this weekend. We'll plant more as we can. I've even thought about putting out some bamboo since its a long way that we have to cover. I just don't think I can stand looking at the back of a building all day long and I know that in just a few years the leylands will be big enough to block the sight of whatever they put over there. And at the rate they're going on clearing the land the leylands may very well have time to get a good size. There are 2 small ponds on this propert so there are some "wetland" issues involved in clearing it. Not to mention that even after partially draining one pond over a year ago its still boggy over there. We had the army core of engineers pay us a visit asking about what they were doing over there and asking for a call if they tried to completely drain the ponds so I'm holding out hope that they can't do much with the property.

[Beltane]

I'm really sorry this happend to you.

I would talk with the owner of the property and see if he can put some trees up for you. As much as we all don't like government regulation and the such, our zoning laws up here would have mandated that he left a 'mature tree buffer' in his plans. Hopefully the neighbor will be sympatic and put some trees in for you, or you can go to one of your planning board meetings to see what can be done.

Are you a border property? Were you notified via certified mail that there would be a construction project going on? That gives you the date to go to the planning board meeting to discuss the project (i.e. ~ ask them to leave a tree buffer). We have quite a few more zoning laws up here than some...does the town not send out notification letters where you are?

[Terri]

Do you have zoning, and is he zoned for business? The county/city would know. You can ask the secretary who answers the phone.

You might just have to suck it up. I did not much like the field next to us being turned into houses, but, it was legal so I never said anything.

[haypoint]

For several years I was on our township Zoning Board. We had regulations based on a Land Use Plan. The idea was to keep businesses in one area, so we wouldn't have the problems you are having. The Planning board wanted to limit the number of tar paper shacks, so only allowed cabins in one area, mostly forests. Houses had to be 600 sq. ft., 75 feet from the center of the road, 75 feet from the lake shore, etc. What a headache! The most vocal people felt it was their land and they should be able to do what they want, start a junk yard, set up three housetrailers on one acre and rent them out, etc. But as soon as a developer wanted to build a big home on his shore property, blocking his neighbor's view, those same complainers wanted the Zoning Regulations to protect them. Can't have it both ways. Zoning could have prevented this industrial business from entering your quiet rural neighborhood. People generally get the kind of government they deserve.
Most of Michigan's townships have zoning. There is one area in central Michigan that has resisted zoning and are darn proud of it. So far over the past 4 years, they've had a 5 million chicken egg factory planning to locate on 5 acres. They've had a Landfill company prepare plans to haul solid waste from New Jersey to Michigan by rail. Now a 3000 cow dairy has been built in an area that has a very high water table, not quite wetlands. When you live without zoning regulations, your only choice is to either buy enough land to create your own privacy or plan on moving every 5-10 years.
Good luck on getting him to plant trees, his insurance might not want trees that might blow down and damage the shop.

[hillsidedigger]

The pace of development thruout the world is unreal and is leading to big problems with water, soil and fuel.

The rural county I live in is expected to grow from 40,000 people now to 100,000 just in the next 5 years. The local Chamber of Commerce types think that's just Great. I don't like it.

I expect the economic bubble will burst locally and in many places soon

and there will remain many abandoned commercial buildings, half built houses and finished homes that will not sell at any price.

[minnikin1]

If he did everything legally, ( as stated above, you should check because it will give you some leverage if he didn't), you will have to create your own buffer.
Evergreens are the best but they are slow growing - so plan 2 (or more) hedges.
Plant the evergreens, but also put in a temporary fast grower so you get some instant relief. The privet is an excellent suggestion.
You could also plant a third hedge of hops or other superfast annual vine to help you get through the coming summer while those get established.
The superfast vine might help you get your place sold for a better price, if you decide that you can't live next to the noise.

[naturewoman]

I live in orchard country, and the orchardists along the highway have rows of trees to separate the orchard from the road, so when they spray, the spray is not drifting out over traffic. There is a very fast growing tree they've been using that is quite attractive, and I've never seen it before. I will find out for you what it is, if you are interested. It's not a poplar, at least doesn't look like any poplar I've ever seen. It has small leaves, and the tree has a kind of pinecone shape...very pretty. And I can't believe how fast they grow up tall and fill in to block all visibility. You can see under them because the trunk is bare about three feet up, but you could plant a shorter hedgerow in front.

Let me know if you want more info...I'll call the extension agency and see if they know.

[Selena]

I'm with Marvella BUT you don't want to jump out of the frying pan into the fire. At least JanaKaye's neighbor is the original owner. Sadly when our elderly neighbor died, her deadbeat son inherited the property on our north and south sides. One that has never had a job and he's in his 50s. Silver lining in the cloud is he is out of inherited property to sell and will be broke again soon as he cannot manage money (he and his brother are polar opposites but fortunately his brother inherited the family homestead). We were successful in presenting the case against rezoning the first time but the second time we were not (note to others, be vigilant in watching meeting notices as the 2nd time they get on the agenda at the last minute leaving little time to garner the troops). Before they break ground for the future slum area (cheap houses crammed onto prime farmland), we will be gone. After the first meeting we started our search and have found a 5 acre wooded parcel with a house that was in "move-in" condition but we gutted and remodeled. Neighbors on each side have 5 acres each, one neighbor owns the 20 acres that abuts our back property line (which we cannot even see from the house, at least 500 feet away through the woods) AND the acreage across the street (dead end street mind you) will not perc hence no houses.

[palani]

how anyone can complain about a man building his business on his land...

(1) noise
(2) vehicle traffic
(3) air pollution
(4) dust
(5) light pollution at night
(6) blocking the sunlight during the day
(7) chemical pollution through storm runoff
(8) lowering of water table if there is a well drawing lots of water
(9) how are sanitary sewage issues being addressed?
While you have a right to do whatever you like with your own property these items reduce the value of neighboring properties and diminish the quality of life for people living there.

Send a presumptive letter itemizing facts as you see them to the owner of this business. The more neighbors to sign the better. Give him 30 days to respond. If he doesn't respond then he is agreeing with your statements. Then take it to the next level (civil suit).

[seedspreader]

Originally Posted by palani

(1) noise
(2) vehicle traffic
(3) air pollution
(4) dust
(5) light pollution at night
(6) blocking the sunlight during the day
(7) chemical pollution through storm runoff
(8) lowering of water table if there is a well drawing lots of water
(9) how are sanitary sewage issues being addressed?
While you have a right to do whatever you like with your own property these items reduce the value of neighboring properties and diminish the quality of life for people living there.

Send a presumptive letter itemizing facts as you see them to the owner of this business. The more neighbors to sign the better. Give him 30 days to respond. If he doesn't respond then he is agreeing with your statements. Then take it to the next level (civil suit).

Yeah, you can waste you money that way if you want... but if there isn't any zoning you're out of luck.

But by all means... take him to court.

[palani]

Defeatist attitude, Zeal

Who said you needed zoning in place to suffer a damage? My business is within the corporate limits of a small town with no zoning in place. I was advised by the city attorney that I had to notify the neighbors before I made a small modification to the building. Otherwise they could get together and make me change it back.

I didn't say pay an attorney to take him to court either. Let him hire the attorney and waste his money. Go pro se. Do it yourself. You might find your track record is better than most attorneys. They don't represent you anyway. They represent the 'court' and if you hire an attorney you become a ward of the court.

[seedspreader]

Originally Posted by palani

Defeatist attitude, Zeal

Not defeatist at all, realistic. This isn't California that she is talking about this is rural Mississippi. Her complain had NOTHING to do with the things you listed, nothing at all. You are suggesting that she litigate based on things that aren't her issues. She is angry because he cleared the woods off of HIS PROPERTY. He used a FEDERAL grant, which also suggests that he QUALIFIED for the grant to make these improvements to his land. Then notice that the COUNTY was doing the upgrades (I would assume to water/drainage/sewer/etc.) so don't forget to take them to court too...

Now, out of the desire to get along with his neighbors he MAY put up a treeline or something, if someone SPOKE to him about it. But marching with demands is a nice way to set a legal battle that could turn out worse in the end than it is now.

[anniew]

I think many have touched on the fact that if you live where there is no zoning, your recourse is limited. Each state and county/parish and even states probably have their own set of laws regarding such things, and if there is nothing on the books when something is done, then you can't very well accuse the person of anything.
As a part time reporter who has covered municipal meetings of county commissioners, planning commissions, zoning boards, etc., people who complain about some changes are often those who have had no input (usually through their own neglect) into making the current rules, because they thought it just didn't matter...until it gets in their own back yard. Too late. You can push for zoning or whatever, but it covers only things done once the laws are put in place. Other things are "grandfathered."
This doesn't help you, but it is a warning of sorts to those who are looking for their first piece of land, or those who feel comfy where they are who are counting on the neighboring land staying like it is forever. It is very risky to assume things don't change.
So, for future land holders, figure out what you want, and lobby your elected officials to make laws that will come close to keeping things the way you want...just remember, what you get put into law also applies to you.
Homesteaders sometimes think they are too busy to attend local meetings. In this case, it might have been a benefit to know what was going on, and to have helped the county/town/whatever in the past plan for the future.
Ann