Comment by msandford
2 days ago
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.
Yeah, city law can easily override deed laws. But further, eminent domain allows the city to strip away deed restrictions through a "one weird trick". The city can eminent domain the land from themselves removing the restriction and then sell it privately.
The same way the city can eminent domain your home and put a road through it. The HOA can't stop the city from putting in a new road.
Aren't deed restrictions usually done at the state level? If so, the city can't just magic them away. State law is going to trump city law unless the city's restrictions are tighter.
Can they do so retroactively? If they didn't declare imminent domain beforehand, I'd expect this is contract violation.
But we're all guessing at Lawyer Facts(tm).
So, the threat of violence (police/legal) if you complain about members of city hall lining their pockets with data center contracts.
Dig up the names and addresses of the public officials responsible for that decision and watch the phrase disintegrate.