Comment by helterskelter
2 days ago
Wow they had the condition that the land be used as a park baked into the deed when they sold it to the city for $10, the city sold it, and when the family went to court their suit was dismissed. Now their home is worthless because nobody wants to live next to a data center.
When are we going to hold local government officials accountable for bullshit like this? Send them to prison.
It was unclear from this summary but there are a few parties here: the original farmer A, the neighbouring family B, the city C, and the datacenter builder D.
A sold to C with the deed restriction
C sold to D without the restriction
B tried to sue to stop D from building the datacenter, but B has no standing.
Okay, that makes sense. It seems to me that A or C has standing, but not B. And depending on the way it's written (IANAL) perhaps only C has standing. But either way, B is just some random person in this relationship.
It's worse (in terms of complexity and therefore chances of arriving at justice). From the article:
July 7, 1999 – A granted the land to (T) Texas Parks and Recreation Foundation, a public trust, for $10 on the condition it be used as a park,
2003 - T granted the land to (W) Williamson County Park Foundation,
2003, one month later, W gave the land to the (C) City of Taylor,
2008 - C sold the land to E (Taylor EDC) for $15,000,
2025 – E sold the land to (D) data center developers Blueprint for $10 million.
At some point between T -> W -> C -> E -> D the deed restriction ('accidentally'??) got deleted. I'm sure T, W, C, and E will each point fingers at any/all of the other parties, and D will just point to their done deal that had no such terms in it.
If I had to guess wildly who, if anyone, had nefarious intent my bet would be that the City conspired with "W" (WCPF) to launder the deed somehow with the intent (way back in 2003) of sneakily putting the land to some non-park use that whoever runs the City government wanted at the time - perhaps at that time it was selling it off for housing development.
Then maybe in 2008 (note the year) they decided building housing was a terrible idea and changed plans to shop it around for some kind of commercial use so they shuffled it to the "EDC."
if you've ever bought and sold a house, you will know people who look at deeds and titles aren't very detail oriented. they even have title insurance because it happens so often.
> deed restriction
Was there ever a deed restriction? The government says no, but they say there was something else which I don’t understand.
> In the notes about the grantee, the cash warranty deed states that the property was to be held in trust for future use as parkland by Williamson County, Texas. This was not a deed restriction.
The rest of the page doesn’t display properly on iOS. https://taylortx.gov/1293/Blueprint-Projects-Data-Center
Why shouldn't B have standing? They presumably are residents of and taxpayers to city C, and they face property devaluation stemming from nearby municipal actions.
presumably because it's not their land and if A wanted to build a data center on it to begin with then B could do nothing about it.
the key issue is C doing things that it's taxpayers dont want done.
in this case though taxpayer money is not being spent, the property is being sold which means money is being generated for the taxpayers, and the new property owner is
ultimately A never had the authority to contract the land as a park indefinitely and relied on C to have respect for the deal and intent. Maybe a timeframe needed to be stipulated, but even then we are talking about land ownership - once C owns it they own it. If you wanted to buy a house and the seller said something about you never being allowed to develop a section of the backyard because they buried their goldfish there or something, and you respect that wish but now need to move as well, are you stuck with passing that obligation forward? someone can just arbitrarily decide that land cannot be used?
No thats why there is no standing, they have every right to use the land to better the taxpayers. the problem is not the method or authority, the problem is that people dont want to give up a park for a data center and dont see the data center as something that benefits the taxpayers. that issue is not one that should be settled by the deed.
the property devaluation is a problem that should be addressed independently on its own merits and not through the means of challenging if they have the authority or not.
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They don't have standing on the deed restriction, and would have to sue for the property devaluation directly. IANAL.
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In Texas, only certain parties can enforce deed restrictions, usually:
A more strongly written deed restriction would have specified a reversionary interest, wherein upon the conditions being broken, the property interest automatically springs back to the original owner. The rules of standing still apply but the sale to data center might not have ever gone through
Depends how it works in the jurisdiction, but in common law usually this form of restriction is like a contract, but between two pieces of land, or between a piece of land and the public, rather than between two persons. In the former case only the current owner on the benefited property can complain. In the latter case, any member of the public can - but I'm not sure if a member of the public can create such a restriction.
> Why shouldn't B have standing? They presumably are residents of and taxpayers to city C, and they face property devaluation stemming from nearby municipal actions.
It's extremely common. They get called NIMBYs, because they bought a property at a certain price and a low-ability local bureaucrat wants to do something that destroys that value.
you dont have standing from indirect harm or costs.
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So there are two issues: (c) shouldn't be able to sell without the restriction, and (b) knowing of the restriction made decisions in good faith believing it would be followed and hence have been harmed by it not being followed, no? If (b) doesn't have standing, nobody does and deed restrictions are de facto useless.
(a) has to sue and they will prevail.
(b) does not have standing.
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In Texas it is exactly the neighbors who have standing to sue over deed restrictions violations.
> And depending on the way it's written (IANAL) perhaps only C has standing.
It can't possibly be the case that only C has standing. In your outline of the scenario, C is the only party in the wrong. They purported to sell something they didn't possess. A lawsuit would have to be filed against them, not by them.
B should have standing from the park designation creating a public easement. I'm guessing the deed restrictions are pretty thin, and that pages++ of legalese would have done a better job. But this is the exact dynamic that everyone (rightly) hates attorneys for, both on the giving side ($$$ to hire an attorney to copypasta all that crap), as well as on the receiving side (pages of legalese are bound to create a bunch of extra facets to be dealt with by both the city and residents). Rather than the same rough type of structure needing to be reinvented over and over out of common law cloth, we really need reform aimed at defining commonly understood constructs that can simply be instantiated by reference.
I don't know how the law works in the US, but isn't the selling by C illegal and moot? C accepted the conditions, but did not repect them.
Shouldn't C be attacked (legally of course) automatically?
Say C decides to build on a land they own a nuclear plant with known life endengering issues. Or a place to publicly hang people. Or other completely illegal things. They will surely be stopped by someone (the state?) from doing this? Automatically, that is without the need for a citizen to raise the point.
This is a similar case: they want to do something illegal (not follow what they ageed to)
B doesn't have standing because they are indirectly harmed? So if I sell a home in an HOA without the HOA covenant on the deed, can the HOA sue? It seems they are also only indirectly harmed.
No because the HOA represents the other members of the community who were also subject to the same CCRs.
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My understanding is that the HOA could sue you, presuming that they baked into your purchase contract the force of their authority.
You would then have violated your contract with the HOA.
I also expect that the city violated their contract with A('s heirs). B still has no standing.
I wouldn't call a community member some random person.
Please tell me how I can just strip deed restrictions simply because I don't like them and/or they're inconvenient for me.
Deed restrictions are the mechanism that basically all HOAs are built upon so if you can just skirt around them because $reasons there are millions of people who would like to know.
> Please tell me how I can just strip deed restrictions simply because I don't like them and/or they're inconvenient for me.
Easy - be a municipality. There's a reason the phrase "can't fight city hall" exists, and is for the most part universally true.
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But that is how deed restrictions are enforced. If you didn't have that mechanism, then they would just not exist upon death, etc.
Depends on the wording. "Upon X, the land shall revert to Y, or current heir" is common verbiage in deed restrictions.
"standing" is a made-up concept with a fairly short history. Remember how we look back at the early part of the 20th century as being filled with virtuous people at every level of industry and govt? me neither:
The modern U.S. doctrine of standing traces back to mid-20th-century Supreme Court cases that crystallized the “injury in fact,” causation, and redressability triad, but its roots lie in early 20th-century rulings such as Fairchild v. Hughes (1920) that first linked federal judicial power to a plaintiff’s concrete injury.
It is exactly same like when OEM will make you sign agreement that you won't try to reverse engineer the car, but if you will flip it without the restriction, then all is clear.
In which case C should be held culpable for the violation of the terms from A. As the condition of the sale. B should not sue D, but C. Try to get an A witness.
Are B not part of the city?
Why wouldn’t they have standing on an action by their government?
(This is a genuine question, not a rhetorical one).
Generally the idea is that if you don’t like what the government does you deal with it through politics (elections and so on).
You only have standing if the government is actually directly harming you.
If the deed was restricted, how could C legally sell to D without restriction?
Is the answer "yes it was illegal but A would have to file suit and they're dead"?
There is a tax loophole where you buy a lot of land and donate 90% of it to the government to be "public parkland". However, in actuality, you're the only person who has convenient access to this land and nobody else can build there, so you get nearly all the benefits of this land while claiming a big tax deduction.
It doesn't sound like what is happening here, but I don't think you should be able to block development on land you donated indefinitely.
What you're describing sounds like what we call "in current use" in New Hampshire. I know Maine has something similar but I can't remember what they call it.
You don't pay taxes on land in current use, but, if you or whomever you sold the land to, wants to build on it, they have to pay the back taxes first. It's a great for conservation.
You can get a hefty tax break on forest land in WA state as long as you have a forestry plan in place, and the same goes for fields in Florida for cattle grazing.
The law addressed this centuries ago. The general rule is that you can enforce such rules for a generation plus twenty years. That may seem like a long time, but the rule prevents the "cold hand from the grave" dictating how living people should act.
https://en.wikipedia.org/wiki/Rule_against_perpetuities
In this case, the farmer should have talked to a lawyer first. There are ways to set thing up to prevent misuse.
Apparently not in South Dakota.
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>There is a tax loophole where you buy a lot of land and donate 90% of it to the government to be "public parkland". However, in actuality, you're the only person who has convenient access to this land
While I'm sure that's happened once or twice and serves as great fodder to get people of a certain ideological bent riled up, for the most part nobody is giving government land that's worth a shit. They're doing it to land that's effectively unusable due to regulation. Like if you own a strip that's a many acre 30ft wide along a steep river bank plus some space for a house (the lot layout could be the result of an old railroad or industrial thing) you gain literally nothing being on the hook for all that and you can't use it. That sort of thing is the typical case in which these sorts of things are invoked. It's more of a "well if you jerks care so much about what I do with it you can have it" type deal than a tax dodge.
It's actually a pretty common thing: https://www.propublica.org/article/conservation-easements-th...
It even sprouted a cottage industry of REITs selling investors a product built around it, syndicated conservation easements: https://www.propublica.org/article/syndicated-conservation-e...
There is actually a ton of this.
There is a huge Bay Area... not sure what to call it - public/private charity? - called the Peninsula Open Space Land Trust, that has a huge amount of donated land in the Silicon Valley, and is a very popular charity with very deep pockets that can buy land to basically turn into parkland.
They have over $300 million in assets and own over 97,000 acres, and have partnerships with quasi-governmental agencys like the Mid-Peninsula Regional Open Space District to administer those lands as parkland.
The idea that noone is doing this is bullshit, and the idea that it is only done as a tax break is also bullshit.
This organization is a leading reason why living in the Bay Area is valuable and isn't complete urban sprawl. I wouldn't be willing to pay Bay Area prices if not for the existance of the land preserved through organizations like this.
https://openspacetrust.org/ https://www.openspace.org/
seems like this behavior would have a chilling effect on deathbed donations, especially when it sends the message gives: "screw you, we'll do what we want"
I also don't see how this behavior is in the public good, even if the donor has some ulterior motive, governments are free to reject donations
If you take one step further back, you can make the discussion about what deed restrictions are reasonable rather than about breaking the deed restriction.
Like for an example with different dynamics, Menard's will say you can't use the building as a hardware store when they sell to build elsewhere. That's a stupid restriction for society to allow.
This one leads to some very odd lawsuits.
https://www.washingtonpost.com/nation/2024/06/24/corner-cros...
Yeah at that point it should be in a perpetual trust or some other holding co who can fend off the city. Never trust your neighbors with your stuff.
This sounds like the better approach. Create a trust that runs a private park open to the public. This prevents the city from owning the land. The trust can also work out a deal with the city for tax benefits for running the park. The trust can also be set up so that a family member is always given an overriding voice while allowing the city to submit plans for proposed use, upgrades, permitting, etc.
Basically you need to pay a lawyer to set up a trust which requires trustees if you care or donate to an institution with their own lawyers who you trust with a presumably long institutional timeline.
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Public parks should not be developed on for the sake of the community. We need wild areas.
We need wild areas in the community? Why? Let the wild be in the wild.
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It just depends on the size. I know of several 1000+ acre parks that would be essentially considered wild areas with the exception of a few hiking paths.
They are full of wildlife ranging from small rodents to bears.
> I don't think you should be able to block development on land you donated indefinitely.
On land you contractually purchased with the condition that development be blocked indefinitely? Then why sign the contract? If they wanted a time limit, they could have put it in the contract, or not signed the contract.
Such contracts should simply not be legal. Past owners should in generally speaking terms not be able to limit development and land use decisions of future owners. It’s no longer your land. You sold it. Want to privately limit rights via contract? Consider not selling.
If it gets zoned as parkland as part of a sale - great! You should be able to make that part of a sale contract. But if the governing body then votes to make it something else a decade later, that should simply be part of how things work.
Old people ossifying things to how they prefer via preventing future generations to freely operate is not how I want a society to run. If anything the older you get the less say in the future you should have.
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> If they wanted a time limit, they could have put it in the contract, or not signed the contract.
Most contracts are legally mandated to have time limits. I think that's a good policy.
In this case an explicit number of years it has to stay a park would probably work better than an attempt at indefinitely defining the land.
There are some terms that are not allowed in a contract. I believe most deed restrictions are among those terms.
Is it true that it was sold for $10? There’s a common phrase in Texas deed transfers similar to the below which just means “The sale price is none of your business”
Common Texas boilerplate: That for and in consideration of ten dollars ($10.00), cash in hand paid, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the Grantor has bargained and sold, and does hereby bargain, sell, convey, and confirm unto the Grantee the following described real estate.
There's lots of places that give 99 year leases for obscenely small amounts like $10. The neighborhood church near where I grew up owned way more land than it currently used. They "leased" the land to farmer/ranchers to grow hay in part of it and graze animals in other parts. It was leased with similarly friendly terms if not the 99 year lease.
These things are more common that people might expect. Not everyone is a lawyer-esque asshole, but that does open situations up to disagreements where people respond with "should have talked to a lawyer"
Not a lawyer but my understanding is that a valid contract must involve an exchange of value from both parties
Yes, but that value can be pretty trivial. It's not uncommon in the UK to have a 'ground rent' of one peppercorn a year (for weird reasons of property ownership rules of flats).
Having a rancher grow hay and graze their animals on your property is valuable: it means you don't have to take care of the land, which might otherwise become host to invasive species, or overgrown.
A neighbor used to let us graze horses on his property for the same reason: "that way I don't have to bother mowing it."
Even more bizarre, the $10 cash never changes hands.
Sounds like that sale should be null and voided at that point
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Don't the Chinese execute their corrupt officials/rich ppl while there families do the GoT shame walk?
I also like Oprah's 'you get to be a Luigi, and you, and you' etc approach.
Maybe someone can vibe code a corpo calorie calculator (CCC tm) so when u upload a pic u get an estimate how long it can feed your fam.
There has to be a way for the hoi polloi to get some cake too.
Yup, part of the problem is the City broke their agreement, but it seems no one with standing exists to legally protest.
One way to do this sort of thing so that it works is not a deed restriction, but to donate the rights to a third party.
We can think of property as a bundle of rights, the right to build, the right to cross the land on various vehicles or with wires or pipes, the right to subdivide, the right to mine or extract minerals, water rights, etc. For example, a piece of land may have an easement for the power company to erect poles or run lines across a strip on the land, or there may be an easement for a road or railway tracks.
Related to this particular example, the Nature Conservancy [0] runs programs whereby landowners can put a conservation easement on some or all of their land which prohibits further development (there are also other orgs doing similar work, particularly in smaller parcels as the NC often works with large areas).
The owner gets a tax deduction for donating the land development rights to a charitable org (and this usually reduces the price at which the land can be sold, at least in the short term), and the Nature Conservancy now has the right to ensure no one ever develops the land. The land can then be passed on to heirs and/or sold, but the land cannot be developed because the Nature Conservancy now owns the development rights and has standing to sue to protect the rights from being exploited.
[0] https://www.nature.org/en-us/what-we-do/our-priorities/prote...
>"Send them to prison"
Dream of my life to see politicians to be personally responsible for fuckups they cause to people.
At today's rate in the US, executive immunity is going to extend to all elected or appointed officials in perpetuity.
And just behind that is politicians getting beat down in the streets when people realize the rule of law means nothing anyways and they have no reason to play along.
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Citizens used to hold leadership responsible.
It wasn’t even that long ago.
Now, for a certain class, theft and rape are hardly a risk.
Politicians are just foot soldiers/weeds in this game. Pluck one corrupt politician. 2 more grow in its place.
I would like the billionaires to be jailed, their political pawns in government removed from office, Citizens United to be nullified, FEC regulations re-worked from ground up, and codified.
I'm a little skeptical the farmer's family didn't see this coming. $10 in 1999 for 87 acres?That's basically giving it away with a handshake. City councils change, money talks.
This feels a lot like what happens with taxes too. You pass some measure to fund a particular thing voters want. That money then gets spent on unrelated things or just siphoned off into a city’s general fund, disappearing into corrupt grifts and waste. Meanwhile the thing you wanted is unaddressed, and a couple years later, that same thing ends up being recycled into yet another new tax to vote for. But you, the voter, still won’t get what you think you will pay for.
There is no accountability. And it starts with the notion of immunity. I think we need to get rid of that concept altogether. Politicians, cops, etc. must be liable for their actions. Personally. Otherwise even when they do something wrong, it’s taxpayer money that is lost. The perpetrators face ZERO consequences.
As an example: If a politician does something to violate your constitutional rights like when ICE does something bad or when legislation violates your first or second amendment rights, that politician should pay fines and end up in jail. If a cop makes a wrongful arrest or commits brutality, they should pay fines and end up in jail. If civil forfeiture steals from a law abiding citizen, those performing the act must be in jail. And so on.
Or the local game of putting stuff on the ballot that on the surface is for some reasonable purposes--but when you dig into it they're actually attempting to finance stuff that should be paid out of the current budget. To date I've voted against 100% of bond proposals because of this.
Meanwhile, city hall got built without any financing. And I can't imagine how it complies with the fire code. I really would not want to be upstairs in an evacuation!
Government officials are just revolving villains, send them to prisons and others will pick up right where they left. You have to uproot and get rid of the source: lobbying and moneyed interests.
Why did the suit get dismissed? Local good ol boys doing the K-Drama USA dance?
I've been trying to find this out. I suspect it was dismissed because they lacked standing. Because there were a bunch of transfer, likely only the last seller has standing to sue for ignoring a deed restriction and of course they don't care.
That's not absolute. There can be other cases where you have standing even if you aren't involved in the transaction but those cases are limited.
Now it's also possible that the deed wasn't properly recorded. If it was, there might be more people who have standing, such as those near the project who are negatively impacted. It's possible that the district court erred or maybe the people bringing suit didn't live in the area or otherwise have standing.
It does seem wrong that you can effectively invalidate a deed restriction by simply selling it enough times.
Yeah, there's no point to deed restrictions if the average person doesn't have standing to do anything about them.
My guess is standing. The family bringing the suit is not the family that donated the land.
If it is a park, does it mean anyone living in the city has standing because their entire city lost the park?
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So deed restrictions are unenforceable then?
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