ku # 622 ~ creative thinking, pt. II
Wednesday, August 26, 2009 at 09:11AM 
Johns Brook ~ Keene, NY • click to embiggenIn response to yesterday's APA topic, Stephen Connor commented:
.... there's a fairly large flaw in your plan for housing-specific expansion into protected land. Where does it stop? The "small expansion" of today will result (maybe) in a small drop in housing prices. As soon as that land's been sold off, prices will begin to rise again.
In most places in this here US of A, a "small expansion" often does turn into runaway sprawl. Not so, in the Adirondack Park of New York State. Setting aside the idea that a small expansion into public land in the Park is even possible, "protected land" within the blueline is protected by a 1894 amendment to the NYS Constitution. In article XIV it states:
The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands ... They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed.
The beauty of this protection is that any attempt to change or amend this constitutional amendment is a long and difficult process. Unlike those states which allow constitutional amendments to be added / changed / deleted by a simple referendum at the ballot box, in NY the process is not so easy.
As I understand it in order to amend or change the constitution it requires an act of the legislature (a proposal to change/amend) which then must be passed by 2 successive sessions of the legislature followed by a referendum vote by the public. This long deliberative process basically prevents any "spur of the moment" or politically expedient measures from being adopted.
It is important to note that several threats to the forever wild amendment that were approved by the legislature were subsequently rejected by the public by using their veto power (the referendum vote).
All of that said, the forever wild clause/amendment is the reason that the APA can not actually grant/approve of the use of state lands (that might be adjoining hamlets, villages, and towns) for housing. It would require an act of the legislature and a referendum vote to allow that to happen - not a very likely scenario.
What the APA could give approval to is affordable housing development on some large tracts of private land that adjoin hamlets, villages, and towns. But chances are slim that the APA would do so without some form of a community land trust as part of the deal.
In answer to Stephen's comment, a community land trust is a legal vehicle whereby a non-profit tax exempt organization owns a parcel of land which they never intend to sell. Then (taken from yesterday's link re CLT) ....
... they provide for the exclusive use of their land by the owners of any buildings located thereon. Parcels of land are conveyed to individual homeowners (or to the owners of other types of residential or commercial structures) through long-term ground leases.
The CLT retains an option to repurchase any residential (or commercial) structures located upon its land, should their owners ever choose to sell. The resale price is set by a formula contained in the ground lease that is designed to give present homeowners a fair return on their investment, while giving future homebuyers fair access to housing at an affordable price. By design and by intent, the CLT is committed to preserving the affordability of housing (and other structures) – one owner after another, one generation after another, in perpetuity. (italic emphasis is mine)
FYI, the formula that is employed to give homeowners a fair return on their investment - the house, NOT the land - is typically tied to an economic index such as the cost of living index.
Truly enlightened and informed local business leaders / elected officials might also suggest the idea of deferred 2nd mortgages programs in order to assist low-moderate income individuals / families acquire a house on CLT land. These programs typically divide the mortgage on a home into to parts - a 1st mortgage and a 2nd mortgage.
The 1st mortgage might be for 1/2 of the purchase price of the house (or some fraction thereof) and would be paid for in typical long-term mortgage style. Payment on the 2nd mortgage is most typically deferred until the 1st mortgage is paid in full. No interest is accrued on the 2nd mortgage during the deferral period. If the house is sold before the 1st mortgage is paid in full, the full mortgage (1st + 2nd mortgage) must be satisfied unless the new purchaser meets the income guidelines for a deferred 2nd mortgage in which case the same deferred 2nd mortgage program stays in effect.
My point in all of this is quite simple - if local business leaders / elected officials are really concerned about economic development and affordable housing in the Adirondacks as the means whereby the flight of working class individuals / families might be mitigated or (gasp) even reversed - thus insuring vibrant local communities and economies - they need to get beyond mouthing the same tired platitudes and lambasting the demon APA as the root of all evil.
As per my usual M.O., I am not holding my breath.
Reader Comments (3)
What do you do when you see a fork in the road?
Today’s photo fits very well into my life today, and gave me cause to sit and ponder my current life happenings. I stared into it for no less than 45 minutes.
The paths we take in live vary, in the end we all end up in the same situation. One could sit on the inviting boulder and ponder the questions before them for hours I can nearly hear the rushing stream waters (read it is raining out the open windows)
Which road to take, the straight and narrow, the fork to the left, an easy picking across the stream, or a rough and tumble trek across rocks that will move out from under your feet and drop you in the cold rushing waters. Is one path a better one than the others? Taking the hard path not only means great inner personal challenges to keep sight of a path in front of you, and a great sense of self assurance as to not be swayed by folks who are choose the straight and narrow and could not fathom the reasons one might take the rough and tumble.
Or is there an obvious path that "YOU" should take?
"There's a difference between knowing the path and walking the path." Morpheous (The Matrix)
Thanks for pointing out your CLT comments (which I, obviously, missed - d'oh!). Sounds like a grand solution.