Brodie Mountain Sold

[2planks2coasts]

I have mixed feelings, one the one hand I am appalled by what happened at Brodie. On the other hand, I do support “nature trusts” who pay farmers who agree to restrict their farmland from an future development.

But there are better ways to handle the latter situation than a deed restriction. Usually a Right of First Refusal agreement for the trust (or other conservation entity) to buy the land should the farmer eventually sell.

 

[Smellytele]

I have mixed feelings, one the one hand I am appalled by what happened at Brodie. On the other hand, I do support “nature trusts” who pay farmers who agree to restrict their farmland from an future development.

Farmland is not natural either in NE. They do it to lower their taxes.

 

[BodeMiller1]

Farmland is natural either in NE. They do it to lower their taxes.

In NH if you have 10 contiguous acres you get a huge tax break. You have to be actively farming the land. Out west a lot of major landowners are politicians they get huge money to plant certain crops or to leave the land unplanted. The FIX is in,,,

 

[Newpylong]

No you don't have to actively farm the land. It's called "Current Use" and all you need to show is that it is undeveloped. I have about 22 acres out of my 24 in Current Use.

 

[BodeMiller1]

There’s a snowboard only resort in Japan

"Butt it can't be much fun for them beneath the rising sun with all their kids committing suicide."

-The Final Cut
I'm thinking Roger Waters

 

[mbedle]

Deed restrictions like the one on the Brodie property benefited not only the seller (Fairbanks) but also the buyer, because those type of restrictions usually results in a lower purchase price.

 

[Abominable]

We gotta have someone on this board well versed in RE law (BG has some knowledge I think?). It is hard to imagine how this type of restriction or negative pledge or whatever could be absolutely perpetual; how it could survive a bankruptcy or something. I don't know. I do know a lot of RE deals have a lot of "hair" on them and weird legal things to get around.... this one just seems a little too specific and too general all at the same time.

 

[mbedle]

We gotta have someone on this board well versed in RE law (BG has some knowledge I think?). It is hard to imagine how this type of restriction or negative pledge or whatever could be absolutely perpetual; how it could survive a bankruptcy or something. I don't know. I do know a lot of RE deals have a lot of "hair" on them and weird legal things to get around.... this one just seems a little too specific and too general all at the same time.

The only way you could get this deed restriction removed is with consent from the grantor (Jimmy Peak - not going to happen) or get a judge to rule in your favor. I doubt that a judge would rule in anyone's favor that this one parcel of land absolutely needs to be re-developed as a ski area for the public good and to prevent a monopoly. There is a lot of open space in western mass that could be developed as a ski resort. The ridge line on the MA/NY border would offer a far superior skiing experience than Brodie.

 

[Newpylong]

2006 hike.

 

[Newpylong]

part 2

 

[Newpylong]

part 3