Real Estate & Property Law

Valuation in Flood Areas

By Alan Ackerman

Standard Examiner

"Davis County changed the parcel of land to 5.3 acres, and my taxes increased," Jenkins said.

He said he became the land's owner in 1980 and it was zoned R-2, which meant he could have up to 10 units per acre if he developed the property.

His proposed development would have 52 units built in the area.

But city officials said 52 units is not a realistic number based on the pond and the irregular shape of the dry land.

Adam Lenhard, the city's community development director, determined the most any developer could build on the area is four duplex lots or a total of eight units.

Mayor Don Wood testified the city had set aside $50,000 to clean up the pond area. Most of that money is gone.

"Yes, it was for the development of a park," Wood said. "It was used for clearing the area, for a parking lot and to make it more visible to decrease criminal behavior in the area."

Jenkins asked the mayor where the water in Steed Pond comes from. 

Water rights and flood controls create havoc with planning, especially in areas where there is a dearth.  Too often planning is emaciated by these problems, however the owners of the land are damaged the worst via the eminent domain (condemnation) process.

Full post as published by National Eminent Domain Blog on September 06, 2009 (boomark / email).