If this is true, I would seriously question the methods applied to "value" (appraise) this parcel in question.  Obviously, if ADM intends to lease the land for commercial/industrial use, it has greater value.  You'd think, at least I do, that we (management & leadership) would consult with our own experts (zoning, planning, and conservation) as to any allowed HIGHEST and BEST uses.  We didn't do any of that.  Instead we accepted input from ONE individual who admittedly has sat on the matter since September 7th.

To use one of Bobo's words, SHAMEFUL !

OK Nora, my turn to help.

1. Time frame: The Chapter lands laws (61 is forestry, 61A is agriculture, 61B is recreational land) provide a narrow window for notification to the Town by the owner of Chapter lands that there is about to be a sale and/or change of use. In this case, I believe the attorney described this as a change in use. That would be from Ag. land to the solar array. If the balance of the land in BDOD is still in Chapter land status, this time issue will recur as development proceeds, parcel by parcel.

2. If the electricity generated were to power cranberry equipment, say, then they could build a strong argument for the land to remain in Chapter 61A. by removing this piece from chapter 61A, then one could assume that the power will be used for non-agricultural purposes.

3. Valuation: how many hours have you got? I do not have any details on this parcel of land, so this has to be general.
Mr. Brady mentioned highest & best use; this would encompass what is physically possible on the land (size, shape, topography, soil conditions, access), what is legally permissable on the land (zoning), and what is financially feasible on the land (will it make a profit?). Highest & best use is what drives value.

Therefore, my assumption is based on a paucity of information. They must have concluded that this parcel lends itself to this use, and not much else. So how to value the land? Income.

Electricity is sold at set rates. Solar & wind (see: Cape Wind project) generation have higher pricing than gas/coal generation. It would be possible to work backwards from the price they would receive to generate electricty, back through the construction costs, to the residual value to be allocated to the land. Possible, if you have all the numbers, of course.

4. Tax Revenue: My presumption is that this land is classified as "cranberry bogs" under Chapter 61A. there is a State committee consisting of DOR people, cranberry growers and assessors; which meets annually to set a value per acre for cranberry bogs and associated upland. If $22,000 is the market value of the land (remember, this appears to be rear land with limited access, if I heard correctly), then this 'market' value of $4,000/acre (+/-) will not be very different from the Chap 61A value. Thus, the tax revenue increment may be not much. And, the solar panels may be tax-exempt.

5. bottom line: valuing land is tricky, you need lots of information. And, appraisers are allowed to make assumptions as part of the appraisal process, which can yield wildly different values from appraiser to appraiser. (see: taking, Swifts Beach, Wareham). I noticed that the attorney referenced this very point: you get your appraiser, we'll get our appraiser; and if they don't agree, they will be a THIRD appraiser.

As Makepeace develops land currently classified as Chapter lands, there will be lots more of this.

MUNICIPAL OPTION TO PURCHASE. I understand that the city or town has an option to purchase any classified land whenever I plan to sell or convert it to a residential, commercial or industrial use during a fiscal year it is classified, or within 1 full fiscal year after it is removed from classification. I must notify by certified mail or hand delivery, the mayor and city council or the selectmen, assessors, planning board and conservation commission of the city or town of my intention to sell or convert the land to those uses and provide certain information regarding the intended sale or conversion. If I plan to sell the land, the city or town has the right to match a bona fide offer to purchase it. If I plan to convert it, the city or town has the right to purchase it at its fair market value, which is to be determined by an impartial appraisal. The city or town may also assign its option to a non-profit, conservation organization, the Commonwealth or any of its political subdivisions. I understand that I may not sell or convert the land until at least 120 days after I provide a notice that fully complies with the requirements of Chapter 61A or until I have been notified in writing that the option will not be exercised and the notice is recorded at the Registry of Deeds, whichever is earlier.

This has been copied from State Form CL-1, which the owner of property classified (i.e. taxed) as Chapter Land is required to sign. Notice in the last sentence of the paragraph "120 days". This means that the Town has 120 days, not THIRTY days to exercise its option.

This has nagged at me since last night, and I apologize for not catching this earlier. So, what did all that business between the makepeace lawyer and the T/A about postmarking a notice on 9/4, receipt on 9/7, 30 days hath september, therefore the Town has until October 7 really mean? don't know.

Landlocked, no access: Jane is not quite incorrect on this, in the sense that "access" would not have to a paved roadway. it could be a nearly worthless, rutted dirt path. If the Town exercised its option to purchase, let's say to erect a windmill to power the police station, then Makepeace would have to allow "access" to the parcel. such access would not be a Town-accepted street, however, that would require an eminent domain taking.

Last edited by notalawyer (2010-09-29 15:18:57)

nota,

You raise and interesting point relative to the time in which the community can exercise it's first right of refusal, whether it's 30 or 120 days.
That point is that NONE of our leadership or management do any research, AGAIN, in order to make informed decisions.  In fact, I'll bet most of them don't know that "61A" references MGL. 

Regardless, clearly, it's proposed use (a solar field) has value.  If I were ADM I'd rent the parcel, negotiate power and a lease agreement to subsidize my own costs.  So why couldn't Wareham have done the same or something else where it's zoned commercial / industrial ?  I guess we'll never know.

We continue to fly by the seat of our pants with absolutely NO CLUE.  I'm hoping for the day when we witness accountability at the TOP of the food chain.  God knows they're costing us a small fortune from poor decisions and exorbitant litigations.

Too bad we can't recall administrators.

C'mon April 5, 2011.

holy shit. brucie agrees with hatebloggers. I think I might be sick.

the rag columnist and blowhard made this comment.

During Tuesday night’s selectmen meeting, Makepeace showed its interest in creating its own energy sources for future development. They were given permission by the board to remove 5.5 acres of land from BDOD II to construct a solar farm. The BOS missed a perfect opportunity to exercise its legal option to purchase that land. That would have created an excellent place to start a public/private venture with Makepeace. The appraised value was only $22,000. The issue of access could have been easily addresses by prescriptive easement. If a partnership worked before with Makepeace it can work again despite the unnecessary rhetoric as of late.

Last edited by watchtower (2010-09-30 13:50:46)

Dan - what would Bobo write about then?  Maybe the people who blog on his website that are just as corrupt as they claim everyone else is?  No, they save it all for you, remember that Bobo has pity for you.  Now you can calmly sleep tonight knowing that.    I love how they continually portray Cara in such bad light.  It just confirms that they are morons.  They actually think Bruce is some savior of Wareham.  When are they going to realize that Bruce was NOT re-elected for a reason!!!  That reason is so clear - he sucks!

Mutual my dear friend :)

What's a bit bothersome is that we (OUR management) knew of this opportunity before we closed the warrant for this fall's TM and no efforts were made to explore any options.  There is absolutely no excuse for this other than incompetence. 
We have "officials" that clearly don't seem to know what they're doing and yet we're paying them salaries as though they're qualified (over 100,K for a TA and over 80,K for an assistant).  Add benefits and bonuses and it's likely over a quarter of a million. 
It goes back to the leadership AGAIN.

Last edited by bbrady (2010-10-01 17:53:52)