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2003-11-17
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2003-11-17
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City Council
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11/17/2003
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Minutes
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9 <br />In the article on the conveyance appearing in The Hook this week, Councilmember <br />Richards states: “This transfer will not affect the price of the house, and it will not put <br />money in the pockets of the Kasters.” I disagree. Adding the city’s 1250 square feet of <br />land to the Kasters’ lot will increase the lot size b y 33%. If the Kasters were to sell their <br />house, currently on the market for $289,000, without acquiring title to the 1250 square <br />feet of city - owned land that they treat as part of their lot, their house would fetch a lower <br />price than it will fetch with th e addition of the city land. According to the diagrams I <br />have seen, the Kasters currently own approximately 3750 square feet of land. Adding the <br />city’s land to their lot, they will own approximately 5000 square feet of land. Any <br />reasonable homebuyer wou ld pay substantially more for a house built on a 5000 square <br />foot lot than he or she would pay for an identical house located on only a 3750 square <br />foot lot. <br /> <br />To illustrate the absurdity of the Kasters’ request for free city land that the Kasters <br />intend t o sell for value, consider the following example: Imagine that you own an old car <br />that you never use but have not bothered to sell. A friend asks if she can borrow your old <br />car indefinitely, offering to pay the insurance and maintain the car but not purc hasing <br />the car. You agree, and your friend uses your old car for several years. One day, your <br />friend informs you that she would like to sell your car to a third party and asks if you <br />would give her title to the car for free so that she can sell it for va lue. Giving your friend <br />the car for free so she can immediately sell it to someone else is the same as giving your <br />friend a cash gift equal to the car’s sale price since she never paid you for the car for <br />which someone else is going to pay her. <br /> <br />The Kast ers are essentially making an identical request of the city. They have been <br />borrowing, with the city’s permission, 1250 square feet of city land for years, knowing <br />that land does not belong to them. Now they want the city to give them title to the land <br />f or free so that they can sell it to a third party. If the city gives them the land for free, the <br />city will essentially be giving the Kasters a cash gift equal to, at a minimum, $3750. <br />While I have no doubt that the Kasters would enjoy such a windfall, th e proceeds from <br />the sale of the city’s land belong in the city’s budget, not in the Kasters’ pockets. <br /> <br />In The Hook, Councilmember Richards also argues that the city should give away free <br />land because, once in private hands, the land will generate property tax dollars. This <br />argument certainly supports conveying the land to the Kasters, but it presents no <br />justification for giving the land to them for free. Since their house is for sale, and since <br />they want to sell their house, along with the adjacent city - owned parcel, the Kasters <br />certainly can be expected to pay $3750 for the city’s land if the city requires <br />consideration. The city’s land will be in private, taxable hands regardless of whether or <br />not the council sells the land or gives it away for free. <br /> <br />That the 1250 square feet of land will become taxable once the Kasters own it does not <br />justify giving away the land for free. At the city’s real property tax rate of 1.09%, annual <br />property taxes on the 1250 square foot parcel will be $40.88. At that r ate, it will take the <br />city 92 years to collect $3750 in property taxes on the parcel. <br /> <br />Several members of the council noted that the city has traditionally given away land for <br />free under similar circumstances. Even if the city has done this in the past, it is a <br />misguided policy and a waste of public resources. However, it is far from clear that <br />giving away parcels the size of what the Kasters want is consistent with the council’s past <br />policy. In his memo, Mr. Brown lists 11 conveyances of city land dati ng back to 1995. <br />Although the city conveyed land without consideration six times, it received consideration <br />five times (monetary consideration in four instances and consideration in the form a <br />“land swap” once). <br /> <br />Let’s examine the city conveyances made w ithout consideration. In one instance (Megan <br />Ct., August 4, 2003), that same land had recently been conveyed to the city by the <br />developer to whom it was returned, so the circumstances are not analogous to the <br />Kasters’. In another four of the conveyances, the amount of land conveyed was less than <br />20 square feet, about the size of a dining room table. (In contrast, 1250 square feet is <br />about the size of a two bedroom home.) Only once, in the October 4, 1999 conveyance of <br />401 square feet from the Route 250 Bypass right - of - way, did the city give away land for <br />
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