bayouteche85
Well-Known Member
If this does not belong here, by all means, please move to the appropriate forum.
Some background:
My wife and I purchased our home in July 2017. It sits in a partially developed private subdivision. I believe nearly half of the lots have been developed and the homes are occupied, but all lots are owned by folks other than the initial developer. The subdivision is a straight, dead end with homes on either side. Since the subdivision was developed over ten years ago, the road has always been a limestone one. We bought our house knowing this and liked the idea of a limestone road to keep speeding to a minimum when our boys are playing outside and riding bikes.
Now some of the neighbors and other property owners have started a petition with the help of the parish president to have the parish pave the road, but since it will remain a private road, the cost of the improvements will be paid by the property owners via property tax increases for the next 10-15 years (estimates are around $10-12K owed per lot). At the moment, the petition has the support of less than 50% of the property owners but will pass that bar with just one more signature. Based on initial conversations with the parish president, he has stated that he has the authority to move forward with a simple majority, but would much prefer to have 75% or better supporting the project. However, lately it seems as though a simple majority will be enough for him.
A little more information, the road basically bisects the subdivision, splitting it nearly down the middle. However, the road technically falls completely on the property of all homes and lots on my side of the road. So my property line ends on the far side ditch on the road. I understand that the road use falls under right of access and I cannot stop anyone from using it, and that's perfectly fine. We understood that from day one when we started the process of buying this home. However, I am having trouble understanding what grounds, legally, the other property owners have to force the rest of us to upgrade our property and incur the cost of those upgrades against our wishes.
Obviously my wife and I have not signed and have no intention at the moment. My hang up is simply the fact that, as a neighborhood, we will be forcing people who do not wish to pay for a road and several families who simply cannot afford the increase, to have to bear this burden. One home has recently been listed for sale and I have spoken with another neighbor who was going through financial hardship prior to this and now has told me that he will not be able to keep his home if this happens.
Have any of you ever dealt with something like this before and can you possibly provide some direction? I honestly do not want to create bad blood with my neighbors, so if there is a statute or law stating that a simple majority is all that is needed for the parish president to move forward, then I will drop the issue and just grin and bear it. However, if there is no justification for it, I do not want anyone to have the authority to tell me what I will do with my money and property.
Thanks in advance.
Some background:
My wife and I purchased our home in July 2017. It sits in a partially developed private subdivision. I believe nearly half of the lots have been developed and the homes are occupied, but all lots are owned by folks other than the initial developer. The subdivision is a straight, dead end with homes on either side. Since the subdivision was developed over ten years ago, the road has always been a limestone one. We bought our house knowing this and liked the idea of a limestone road to keep speeding to a minimum when our boys are playing outside and riding bikes.
Now some of the neighbors and other property owners have started a petition with the help of the parish president to have the parish pave the road, but since it will remain a private road, the cost of the improvements will be paid by the property owners via property tax increases for the next 10-15 years (estimates are around $10-12K owed per lot). At the moment, the petition has the support of less than 50% of the property owners but will pass that bar with just one more signature. Based on initial conversations with the parish president, he has stated that he has the authority to move forward with a simple majority, but would much prefer to have 75% or better supporting the project. However, lately it seems as though a simple majority will be enough for him.
A little more information, the road basically bisects the subdivision, splitting it nearly down the middle. However, the road technically falls completely on the property of all homes and lots on my side of the road. So my property line ends on the far side ditch on the road. I understand that the road use falls under right of access and I cannot stop anyone from using it, and that's perfectly fine. We understood that from day one when we started the process of buying this home. However, I am having trouble understanding what grounds, legally, the other property owners have to force the rest of us to upgrade our property and incur the cost of those upgrades against our wishes.
Obviously my wife and I have not signed and have no intention at the moment. My hang up is simply the fact that, as a neighborhood, we will be forcing people who do not wish to pay for a road and several families who simply cannot afford the increase, to have to bear this burden. One home has recently been listed for sale and I have spoken with another neighbor who was going through financial hardship prior to this and now has told me that he will not be able to keep his home if this happens.
Have any of you ever dealt with something like this before and can you possibly provide some direction? I honestly do not want to create bad blood with my neighbors, so if there is a statute or law stating that a simple majority is all that is needed for the parish president to move forward, then I will drop the issue and just grin and bear it. However, if there is no justification for it, I do not want anyone to have the authority to tell me what I will do with my money and property.
Thanks in advance.
