Land Trust – NFL And Trust http://nflandtrust.org/ Thu, 17 Nov 2022 09:15:07 +0000 en-US hourly 1 https://wordpress.org/?v=5.9.3 https://nflandtrust.org/wp-content/uploads/2021/07/icon-5-138x136.png Land Trust – NFL And Trust http://nflandtrust.org/ 32 32 Janice Farnsworth Newton – Jamestown Press https://nflandtrust.org/janice-farnsworth-newton-jamestown-press/ Thu, 17 Nov 2022 05:13:41 +0000 https://nflandtrust.org/janice-farnsworth-newton-jamestown-press/ By ohtadmin | on November 17, 2022 Janice Farnsworth Newton, 86, of Lincoln, RI., died November 13, 2022 in Greenville, RI. Janice was born at home during a winter storm to Clayton and Irene Farnsworth on February 7, 1936. She graduated from Central Falls High School in 1954. Forty years later, […]]]>

Janice Farnsworth Newton, 86, of Lincoln, RI., died November 13, 2022 in Greenville, RI. Janice was born at home during a winter storm to Clayton and Irene Farnsworth on February 7, 1936. She graduated from Central

Falls High School in 1954. Forty years later, she proudly graduated from Community College of Rhode Island with an associate degree and led as an Americorps volunteer at the Southside Community Land Trust in Providence – continuing her family legacy as a farmers and stewards of the land. . She was a voracious reader, an avid genealogical researcher, and had a charismatic presence in any room. Janice is survived by her children: Kathleen Dolan of Milwaukee, WI, Elizabeth Newton of Jamestown, RI and Dennis Keefe of Smithfield, RI. She has seven glorious grandchildren: Clayton, Olivia, Katherine, Eli, Samantha, Rachael and Lucy.

A funeral service will be held at Saint Matthew’s Episcopal Church in Jamestown, RI on Tuesday, November 22 at 4 p.m. Memorial donations may be made to the New England Historic Genealogical Society at www.americanancestors.org.

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What happens if a trust deed is lost? https://nflandtrust.org/what-happens-if-a-trust-deed-is-lost/ Mon, 14 Nov 2022 08:53:47 +0000 https://nflandtrust.org/what-happens-if-a-trust-deed-is-lost/ Trust deeds are important because they contain the terms for managing the trust and administering trust property. Without a trust deed, a trust has no rules to guide its operation. The original trust deeds are lost. If so, “clear and convincing evidence” of its existence and content can “save the day”. The rule is: “where […]]]>

Trust deeds are important because they contain the terms for managing the trust and administering trust property. Without a trust deed, a trust has no rules to guide its operation.

The original trust deeds are lost. If so, “clear and convincing evidence” of its existence and content can “save the day”. The rule is:

“where the original writing is not produced and secondary evidence is relied upon, there must be clear and convincing evidence not only of the existence, but also of the relevant contents of the original document, in the same order as the evidence required to establish a right to rectification of a written document » Maks v. Maks (1986) 6 NSWLR 34, 36 (McLelland J)

Examples of “Clear and Convincing Evidence” of the Existence and Contents of a Lost Trust Deed

Barp Nominees Pty Limited [2016] NSWSC 990 (Pembroke J) – proof as to existence was: “actual personal observation and recollection of the contents of the lost document” of a recipient; and as to the content “The fact that there was a mirror deed of trust for the other side of the family” which contained the terms believed to be in the lost deed.

Application by Brailey Holdings Pty Limited ACN 001 190 441 [2018] NSWSC 1493 (Kunc J) – the evidence was that 3 or 4 identical trust deeds were established in 1974, one for each child. An original has been lost. Extensive research has been done. Proof of existence was a deed of appointment of a new trustee in 1980 and a deed of amendment in 1984; and as to content, the trust with the lost deed was administered in the same way as other trusts had been administered since at least 1984.

The application for M & L Richardson Pty Limited [2021] NSWSC 105 (Kunc J) – proof of the existence of an original trust deed was proof of the provider of the trust deed, the opening of a bank account in the name of the trust (banks require a copy of the deed of trust to open accounts) and many are looking for the lost deed; and as to content, continued administration of the trust since its inception in 2009 in accordance with an unsigned copy. Kunc J noted that the existence of a signed deed (at a given time) was necessary to satisfy the Fraud Status.

These decisions were made by the Supreme Court of New South Wales following a request by the trustee for a judicial opinion under section 63 of the Trustees Act 1925 (NSW). This procedure protects the trustee.

What if “clear and convincing evidence” is not provided of the existence and contents of a lost trust deed?

The decision to Mantovani v Vanta Pty Ltd (No. 2) [2021] CSV 771 – The Supreme Court of Victoria (McMillan J) illustrates what happens in this situation.

Facts

In 1976 the Mantovani Family Trust was established, with Vanta Pty Ltd as trustee. It was a discretionary trust that named all immediate family members as beneficiaries.

Currently, two of the principal’s four children (Teresa) were directors of Vanta and therefore controlled the Trust.

Over the years, various properties have been transferred by Teresa to the Trust. The transferred property consisted of land later subdivided into four residential units, and land later subdivided into six commercial fronted properties, located in Cobram (a town in Victoria). The Trust retained ownership of the properties, received rental income and made distributions.

In 2015, Teresa passed away. In her will, she left the family home to Giovanni and purported to leave the residential and commercial properties (which had previously passed into the trust) to her four children in equal shares. His residual estate was left to his four children in equal shares.

The lawsuit was brought by Giovanni against Vanta and his three siblings. He was upset that the family home, in which he had lived all his life, was being offered for sale by the executors to pay the debts of the estate. He was also upset that no distributions had been made to him under the Family Trust, even though his two brothers, who were directors of Vanta, had distributed $120,000 to each other over the past ten years. To add insult to injury, both brothers had refused Giovanni’s requests to provide the trust deed and financial accounts for the trust.

The procedure

What began as a request for production of trust documents (the trust deed, financial documents and accounts), morphed into a request for declarations that: the trust had failed for uncertainty when the deed of trust has not been produced (because it has been lost), for the acquisition of the assets of the trust by means of a resultant trust for the estate of Teresa Mantovani and for an account of all monies received and disbursed by Vanta (as trustee of the trust).

The Court dealt with the application by asking six distinct questions:

1. Has the trust deed been lost?

The Court found that reasonable searches and inquiries were made by the family of their own records, as well as financial institutions, government agencies, accountants, bookkeepers and attorneys. The Court was satisfied that the trust deed had been lost.

2. Can secondary evidence be invoked to prove the existence and content of the act?

The Court was satisfied that the deed existed (at some time), referring to the appendix to the deed (which contained details of settlor, trustee, principal, beneficiaries) which was in evidence, the financial records and tax returns of the Mantovani Family Trust for the years 2012-2020, and to a lesser extent Teresa’s will.

But the Court was not satisfied with the contents: “there is no record of the terms of the deed and no proof of its contents has been given by any person who saw the deed” – appendix n was not sufficient because it did not contain the terms; and added, “to make a statement that Vanta is justified in continuing to administer the trust… [is] ‘mere guess’.

3. Can the presumption of regularity be invoked to save the Family Trust?

The Court stated that the presumption of regularity applies only to formal requirements and due process and cannot be invoked to overcome lack of evidence as to the substance of the act – its content, terms and its effects.

4. Does the family trust fail for uncertainty?

The Court stated that: “Given the preponderance of a fiduciary’s duty to ascertain and strictly observe the terms of a trust… [in the absence of a Deed] there is no way that the family trust can be administered in accordance with the intentions of those who established it”.

“Due to the loss of the deed and the lack of clear and convincing evidence of its contents that is available from secondary evidence, the family trust failed for uncertainty.”

5. Should Vanta be declared to hold the property in trust on the resulting trust for Teresa’s estate?

The Court said that “following the failure of the Family Trust [for uncertainty], Vanta holds the property in trust subject to a resulting trust in favor of Teresa’s estate”. This was consistent with Teresa transferring property to the Trust which was property of the Trust.

6. Should an order be made to take into account and pay the sums deemed due to Teresa’s estate?

The Court said: “The Court is satisfied that an account order is necessary to determine the completeness of the financial transactions undertaken by Vanta in its capacity as trustee and to determine the amounts due to Teresa’s estate.” “For reasons of prescription, the accounts can only be ordered for the period beginning six years before the introduction of the action”.

For a full understanding of the procedure, refer to the earlier procedural decision: Mantovani v Vanta Pty Ltd [2020] CSV 736 (where the trustee was ordered to produce trust documents) and the subsequent decision on costs: Mantovani v Vanta Pty Ltd & Ors (No 3) [2022] CSV 357 (where the indemnity costs were awarded against the Vanta directors personally, with no indemnity from the assets of the trust).

comments

The Mantovani decision illustrates what can happen if the original or the copy of the trust deed of a family trust cannot be located, i.e. the trust fails due to uncertainty.

In Mantovani, the loss of the trust deed meant that properties that had been treated as family trust assets became assets that were part of their mother’s estate.

If a trust deed is lost, the trustee is well advised to obtain a court opinion that they can rely on an unsigned copy or other document for content. Otherwise, the trustee faces the prospect that a beneficiary may seek an order that the trust has failed.

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Building Community, Literally | The Weekly Source https://nflandtrust.org/building-community-literally-the-weekly-source/ Wed, 09 Nov 2022 21:05:13 +0000 https://nflandtrust.org/building-community-literally-the-weekly-source/ AAs the snow begins to fly and the wind picks up in its November gust, there’s still plenty going on at the construction site near 8th Street and Bennington Lane in Bend. Roofs and windows are already installed. The coating is almost complete. Inside, some units are already covered in wall panels – a sure […]]]>

AAs the snow begins to fly and the wind picks up in its November gust, there’s still plenty going on at the construction site near 8th Street and Bennington Lane in Bend. Roofs and windows are already installed. The coating is almost complete. Inside, some units are already covered in wall panels – a sure sign that the project is coming to an end, with five new owners soon to move in, finally realizing the most basic of American dreams.

In the case of Crescita, the new five-unit cottage cluster developed by Kôr Community Land Trust, the American Dream features a net-zero energy home with an upstairs bedroom, two bathrooms and another flexible office/ small room on the ground floor. , all for a fraction of the cost of a typical new Bend home. By leveraging community donations and the community land trust model – where the house belongs to the owner, but the land remains in the hands of the trust – people for whom home ownership was out of reach will soon appropriate these places.

  • Nicole Vulcan
  • Kôr’s Executive Director, Jackie Keogh, supports the company’s mission to build diverse and affordable housing.

“These buyers have been selected – the majority of them are local workers,” said Jackie Keogh, executive director of Kôr. Among the new owners in Crescita are a public sector employee and a member of the local media, all earning somewhere between 60 and 120% of the region’s median income, or about $67,973 in turnsaccording to the latest US Census data.

With the other projects underway, Keogh said the focus will be on homes that can accommodate larger families or those who want to live in multi-generational homes.

“We have seven homes being built in Southeast Bend – they will all have three bedrooms and net zero. We will select owners for those in mid-2023, and they will move in by the end of the year. year,” Keogh said. “Kôr’s goal is not just to build for the community, but with the community, and what that really means is resident-centric design.”

Meanwhile, Kôr is working on the largest affordable homeownership community ever created for the city of Bend, on Simpson Avenue on the west side of Bend.

The west-side location is a priority for Kôr, which values ​​geographic diversity and the ability for homeowners to have the same access to quality schools, walkable town centers and other attractive amenities as any another owner would be looking for, Keogh said.

“It’s a really new idea in the sense that when people go to buy a house, they usually travel because they have to get away from the city center, and with that travel, longer journeys to get to at work, changes in child care, change in school districts. Our idea is that this does not happen, which is why the Simpson site is so important to us, “said Keogh. “Kôr goes there build 37 affordable two- and three-bedroom single-family homes, alongside Housing Works’ 59 Section 8 units, with the idea that we will give preference to Section 8 customers who are able to access homeownership – by opening essentially rental housing and also helping a local resident with Section 8 move up what we call the Affordable Housing Continuum. »

With Source Weekly’s Central Oregon Gives launching this week, donations made to Kôr between November 9 and December 31 will go toward building a Kôr home, with all donations to be matched by a local family to raise a total of at least $50,000. That $50,000 is something of a “magic number,” representing the gap between the cost to build each house and what the local workforce can currently afford. So in that sense, Kôr’s efforts are literally about “building community” in, for, and with Bend.

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Trail running returns to Destruction Brook Woods https://nflandtrust.org/trail-running-returns-to-destruction-brook-woods/ Sat, 05 Nov 2022 22:36:33 +0000 https://nflandtrust.org/trail-running-returns-to-destruction-brook-woods/ Destruction Brook Woods saw an increase in its typical foot traffic on Saturday as dozens of runners raced through fallen leaves and rocks for the Dartmouth Natural Resource Trust’s eighth annual track race – the first full race since 2019. Due to the pandemic, things had to go virtually for one of the land trust’s […]]]>

Destruction Brook Woods saw an increase in its typical foot traffic on Saturday as dozens of runners raced through fallen leaves and rocks for the Dartmouth Natural Resource Trust’s eighth annual track race – the first full race since 2019.

Due to the pandemic, things had to go virtually for one of the land trust’s biggest fundraisers in the past two years. Instead, runners were able to choose from three courses instead of all congregating at the site near Russells Mills Village.

“It was definitely popular in 2020,” said DNRT outreach specialist Kendra Parker. “Last year he definitely lost that novelty because a lot of people wanted to come back in person.”

It was certainly an ideal day for a return to normal, as the runners had a November day of 70 degrees with minimal breeze, as well as plenty of fall foliage along the courses.

This year around 150 runners and walkers ran through the fur property off Slades Corner Road. Runners raced down 3.3 miles of winding, leaf-strewn trails, while those who walked embarked on a 2.4-mile course around the serene creek.

When the race started in 2015, it was held in the Slocum River Reserve and runners had to follow Horseneck Road for about a mile from reserve to reserve. The switch to Destruction Brook took place in 2017, a decision Parker noted that it was definitely for the best.

“It’s a great place to run: there are wide, flat trails and few rocks on the roads like some of our other properties,” she said. “Also, we have plenty of parking spaces here.”

New this year was a chip that runners had on their bibs that activated the moment they hit the track – something DNRT executive director Nick Wildman said was very popular among runners.

He noted that it’s a good way to get a better time for riders who might have gotten a less advantageous starting position at the start (or for latecomers who missed the official start).

“Theoretically, you could start after everyone else has gone and still win,” Wildman said.

Luckily for New Bedford racer Keith Nadeau, all the racers started at the same time so none could usurp him on the track in order to secure his first place finish. Naudeau finished in about 20 minutes, with an average pace of 6 minutes over the 3.4-mile race.

The New Bedford racer said he was very happy to take the win, noting that he had just been beaten during the 2019 race. Nadeau noted that he typically competes in events of up to 100 miles.

“It felt like a good, shorter training day,” he said.

The top female finisher was Dartmouth resident Stacy Clark, who said it was her first run through Destruction Brook Woods. She finished after about 27 minutes, with a pace of 8 minutes 18 seconds.

Two weeks ago, she said she took part in an ultramarathon in Rhode Island and signed up after her friend Jim Butler suggested she run the trail race.

“I thought why not?” said Clark. “It was a lot smoother than the other race.”

She said her main strategy in the fast finish was to just focus on the race, leaving her friend behind.

“I told her if I held her back, just go for it,” Butler said with a laugh. “And she did – I didn’t think she would take me at face value.”

Other notable finalists include Will Fairfax, a Dartmouth High junior who finished first in the men’s under-19 category, and nine-year-old Lena Gardner, the fastest woman under-19.

“I just jogged,” Gardner said.

Proceeds from the event were donated to the non-profit land trust to support its mission to preserve and protect Dartmouth’s natural resources.

Parker noted that while this is the last of the big fundraisers this year, the land trust still has plenty of events and walks for the last two months of 2022.

“There is still a lot to do,” she said.

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Peconic Land Trust Explores St. James Gyrodyne Property Preservation https://nflandtrust.org/peconic-land-trust-explores-st-james-gyrodyne-property-preservation/ Wed, 02 Nov 2022 12:43:09 +0000 https://nflandtrust.org/peconic-land-trust-explores-st-james-gyrodyne-property-preservation/ Peconic Land Trust could use a combination of private and public money, including funds from a $4.2 billion bond measure before New York state voters this month, to buy and preserve part of the 75-acre Gyrodyne site in St. James, the group. President said in an interview. “We want to keep what’s open available as […]]]>

Peconic Land Trust could use a combination of private and public money, including funds from a $4.2 billion bond measure before New York state voters this month, to buy and preserve part of the 75-acre Gyrodyne site in St. James, the group. President said in an interview.

“We want to keep what’s open available as open space for the community,” Trust chairman John Halsey said, citing a “unique opportunity” to create a continuous green belt from Stony Brook University to Stony Harbor. Brook, where Avalon Park and Preserve holds 216 acres of land.

Earlier this year, Peconic Land Trust assessed the site and participated in meetings about possible preservation with state and local officials, Halsey said.

Gyrodyne, a former defense contractor, is seeking approval for the Smithtown subdivision and said in paperwork that he plans to sell individual lots for uses such as an assisted living facility and doctors’ offices, but is seeking also buyers for most of the site.

Preservation advocates have said in interviews they hope a cooling real estate market could make the company receptive to a deal. The company is also facing a lawsuit from neighbors over the development and pressure from an activist shareholder on its board governance.

The whole site of Gyrodyne would not be preserved; some land has already been sold for a food hall, and some has been developed for light industry with tenants including Stony Brook University.

The Trust would seek what Halsey called ‘private sources of capital’ to donate or lend money for the purchase of around 40 to around 48 acres of undeveloped land on the North Country Road site near the border between Smithtown and Brookhaven.

Halsey declined to comment on the appraisal of the property, which he said was completed in early fall, and would not approach Gyrodyne until he secured financing.

Meeting attendees included Suffolk County Executive Steve Bellone, state environmental officials, Assemb. Steve Englebright (D-Setauket) and Joseph Bollhofer, a St. James attorney and a member of St. James-Head of the Harbor Neighborhood Preservation Coalition, attendees said.

In an August filing with the Security and Exchange Commission, the company said it expects to get final approval for the subdivision by the end of 2022 or early 2023. The 2022 Annual Report of Gyrodyne, filed with the SEC in March, estimated his net realizable value at $42.5 million, a figure that included properties in Smithtown and Westchester but did not break out their estimated values.

Gyrodyne executives and an attorney representing the company did not respond to requests for comment.

In one possible scenario, he said, New York State would repay the Trust using a $650 million portion of Bond Act funds dedicated to buying and conserving open space and agricultural land for conservation and recreation. Suffolk County could also contribute money, Halsey said.

The governor’s office, in consultation with the state Department of Environmental Conservation, would monitor the disbursement of bond funds, Englebright said.

A DEC spokeswoman said in an email that the agency “supports a conservation outcome for the property and has been involved in preliminary discussions” about “potential opportunities for future use of the property.” Representatives for Bellona and Governor Kathy Hochul did not respond to requests for comment.

Bollhofer, whose group in April filed a lawsuit against Smithtown and Gyrodyne claiming the environmental review of the subdivision was flawed, said in an interview last week that “I’m as positive as ever” about the chances of preservation.

Englebright said “investors will value certainty over uncertainty…It’s a classic example of the kind of investment that could and should be made with Bond Act funds, if voters approve of it.”

Adrienne Esposito, executive director of the Farmingdale-based Citizens Campaign for the Environment, also applauded the possibility of preservation. The Gyrodyne site includes one of the last large undeveloped spaces in Smithtown, she said. There and in the rest of Suffolk, she said: “Windrows of 100, 200, 300 acres – they don’t exist anymore. We preserve what is left, otherwise it will be lost to development forever.

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Meet the Candidates for Iowa Secretary of Agriculture https://nflandtrust.org/meet-the-candidates-for-iowa-secretary-of-agriculture/ Fri, 28 Oct 2022 23:55:09 +0000 https://nflandtrust.org/meet-the-candidates-for-iowa-secretary-of-agriculture/ Republican Mike Naig (left) and Democrat John Norwood, candidates for Iowa secretary of agriculture, discuss issues during the Sept. 30 taping of “Iowa Press” at Iowa PBS studios in Johnson. (Iowa PBS screenshot) DES MOINES — Republican Mike Naig is seeking another four-year term as Iowa’s secretary of agriculture to continue to seek new markets […]]]>

Republican Mike Naig (left) and Democrat John Norwood, candidates for Iowa secretary of agriculture, discuss issues during the Sept. 30 taping of “Iowa Press” at Iowa PBS studios in Johnson. (Iowa PBS screenshot)

DES MOINES — Republican Mike Naig is seeking another four-year term as Iowa’s secretary of agriculture to continue to seek new markets for Iowa agricultural products and to continue working on the improved water quality in the state.

Democrat John Norwood, businessman and Polk County Soil and Water Commissioner, wants to accelerate Iowa’s work on improving water quality and foster an agricultural system that, according to he would be built to last.

Naig was working as an assistant secretary for the Iowa Department of Agriculture and Land Stewardship when, in 2018, he was promoted to the position after former secretary Bill Northey accepted a position with the federal Department of Agriculture. ‘agriculture. Later that year, Naig was elected to a full four-year term as General Secretary.

mike naig

In an interview, Naig, 44, praised his department’s work over the past four years in response to historic floods, droughts, derecho and the return of bird flu, not to mention a global pandemic. .

“We had to be very flexible. We had to be reactive at the time. And, frankly, these are historic and unprecedented things. We had never seen things like this before,” Naig said. “And I’m proud of how our team reflected the farming community in how they had to deal with these things, to be resilient and really get the job done.”

Naig said he is proud of the work that has been done to improve Iowa’s water quality during his tenure, and that he hopes to expand that work into another four-year term. He said with dedicated state funding in place for the next 17 years, he expects the state can leverage this funding to leverage even more resources through federal and private funding. .

The percentage of Iowa’s waters that are considered impaired declined slightly in 2022, but is still more than half, according to an annual report from the state Department of Natural Resources. This percentage has been over 50% since 2010, according to the report.

“We finally secured dedicated long-term funding that has allowed us to turn the page now and focus on how we can scale up,” Naig said. “We’re looking at ways to leverage these state resources with federal dollars, with private sector dollars, with dollars from farmers and landowners, cities, and how can we continue to leverage and to become more and more efficient in our work and to get more and more done.

John Norwood

Before Norwood moved to Iowa in 2002, he lived and worked for a major water utility in Boston and ran an agricultural land trust in California. In Iowa, he owns a small business and is a business consultant.

During an interview, Norwood, 58, said the pace of work in Iowa on water quality issues was not enough.

“We can’t take it one at a time and hopefully move the needle,” Norwood said.

He said the state needs to step up its work, should work more with local drainage districts and develop a strategy that includes all stakeholders, including farmers and landowners on farms where these are segregated. .

Norwood said he thinks Iowa’s agricultural system is out of balance, with too much reliance on growing corn and soybeans, which can negatively impact water quality if farmers grow crops. too close to waterways.

He thinks the state should find ways to encourage farmers to diversify their crops.

“Commodity markets that we are so good at. It’s really in the specialty markets that we need to improve, insuring things that complement the systems. We need it because the foundation of our economy is agriculture. But our agriculture is out of balance,” Norwood said. “We need to add resilience. We need to add diversity and inclusiveness. We need to add flexibility to the system.

Norwood said he thinks some government programs, like crop insurance, could encourage farming practices that will be bad for the land in the long run. He proposes using incentives to encourage practices that will preserve or even improve water quality and soil health.

“I use this model a bit when you’re a doctor: first do no harm. We do things today where we harm the system,” Norwood said. “The first responsibility is to protect the resource. If we don’t protect the resource, we trade current productivity for future productivity.

“It’s an intergenerational issue. And I think we have a moral and ethical responsibility not to make the system fail.

Early voting is underway. Election day is November 8.

Comments: (515) 355-1300, erin.murphy@thegazette.com

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Woodstock Council Approves Funding for HomeShare Program https://nflandtrust.org/woodstock-council-approves-funding-for-homeshare-program/ Mon, 24 Oct 2022 21:35:31 +0000 https://nflandtrust.org/woodstock-council-approves-funding-for-homeshare-program/ Woodstock City Council approved the use of federal funding for one of three proposed housing initiatives in a split vote after two council members pleaded for more money. Supervisor Bill McKenna proposed a resolution at the Oct. 18 city council meeting to use $35,000 of U.S. bailout money to fund Woodstock HomeShare’s second year, the […]]]>

Woodstock City Council approved the use of federal funding for one of three proposed housing initiatives in a split vote after two council members pleaded for more money.

Supervisor Bill McKenna proposed a resolution at the Oct. 18 city council meeting to use $35,000 of U.S. bailout money to fund Woodstock HomeShare’s second year, the amount requested by program coordinators and the city’s Housing Watch Task Force. Members of the Housing Committee and the Housing Task Force expressed concern that increased funding for the HomeShare program could hurt the other two proposals.

McKenna and board members Reggie Earls and Laura Ricci voted in favor of $35,000 in funding for HomeShare Woodstock while Bennet Ratcliff and Maria-Elena Conte voted against because they supported increasing the amount to $50,000 in funding.

“Last year we talked about it. It was $150,000…$100,000 for housing and $50,000 for HomeShare. That’s what was promised,” Conte said, explaining his “no” vote. “.

“Maria Elena. You are our liaison officer. Really?” Housing committee member Urana Kinlen said with disappointment. “That’s what we’re asking now. You’re our liaison.

Ratcliff seemed to favor the $35,000, but still voted “no” because he was in favor of increased funding.

“I understand that the initial one-time payment that was requested was $50,000, and I understand that the housing committee has revised their request to $35,000. I know a payment of $15,000 was made at some point this year,” Ratcliff said. “I don’t understand why we wouldn’t want the initial one-time payment to be $50,000.”

Housing committee co-chair Susan Goldman said the official request was for $35,000. “Because we are more advanced than we were,” she explained. “I don’t remember if the initial $50,000 was a request or something we were told would be available,” Goldman said.

“No, it was promised, actually, the first year,” said Conte, who is the housing liaison with the city council.

“I don’t think we asked that,” Goldman replied.

“To be clear, $50,000 has been requested for housing initiatives. I’m willing to give everything to housing, but in the three programs you suggested,” McKenna said, referring to an initial application for ARP funds last year.

The three proposals included $35,000 for the HomeShare program, $175,000 to launch a loan program for the creation of secondary suites and $199,000 to help prepare municipal properties for housing construction.

Goldman noted that strategies began to shift as the Housing Watch Task Force and Housing Committee continued their work. “We looked at all three, and weighted them in terms of funding as we thought they should go,” Goldman said.

Goldman said it reviewed the funding with the housing committee and wanted to keep the splits for the three programs as proposed.

Ratcliff said he was willing to fund $35,000 as requested, but would add the $15,000 if planned grants do not materialize. He said the HomeShare program can quickly meet housing needs.

“The Home Share program is unique in that it’s not dictated by construction costs, and it’s not dictated by weighting and it’s not dictated by zoning. It can happen immediately and it can happen now. And that’s why I would like to put $50,000 into it,” Ratcliff said.

McKenna accepted the $35,000 demand with a caveat.

“I would say, let’s see how your funding comes in, and if you don’t get some funding, take a look at all three programs and come back to us with another request,” McKenna said.

Woodstock HomeShare is a program that connects tenants in need of affordable housing with landlords who need home improvements or just companionship, Kinlen reminded the board. Tenants provide services in exchange for reduced rent.

“We researched nine to 11 months and the research showed there was no magic bullet. We don’t treat (HomeShare) as a silver bullet. We have a bunch of initiatives that we have worked very hard on for over three and a half years,” she said. “As Maria-Elena (Conte) knows and has followed, all of these different initiatives together create solutions to the housing problem. It won’t be a thing. We don’t want to take all the money and put it in a pot. We have to work on all of them, and at the same time we have to move forward.

When the city council will take over the other two housing initiatives is uncertain.

Ratcliff took issue with the secondary suite loan program because of who is involved with Woodstock Housing Alliance, the land trust that would oversee the program. Ratcliff said there is potential for self-dealing because lead founder Kirk Ritchey also co-chairs the Housing Committee and the Housing Watch Task Force. Ratcliff argued that he could benefit from the programs he offers.

McKenna said that was up to city council at this point, but agreed there were lingering questions. “In all honesty, there were also questions in my mind. I would like to know a bit more about exactly how the loans were going to be decided, how much they were going to be and who was going to administer them,” McKenna said.

The supervisor noted that funding would not be given to Woodstock Housing Alliance all at once, but rather held in some sort of escrow and disbursed as each loan is approved.

McKenna was happy the HomeShare funding went through despite the drama.

“I am a little surprised and disappointed that there has been demagogy on the part of my colleagues. I don’t really know why they voted against when they are in favor.

Owners of short-term rentals say they’re not the problem

Members of the Woodstock STR Association attempted to make their case to the city council on October 18, as they have done in recent meetings.

“I have owned my home since 2004. I am raising my children here as much as possible and we are in favor of housing affordability, including housing affordability for our own part-time residences because we love the community and want to stay a part of and not have to give up our homes because we need the rental income to help offset maintenance costs,” said Michael Henry. “The problem with what happened with the short-term rentals proposal and the existing short-term rentals law is that it lumps everything together under the label of short-term rentals which are really very separate things. .”

Henry tried to dispel the idea that short-term rentals take away from available long-term accommodations. He argued that most members of the association have single-family homes, which would never be affordable rental housing.

“If we have to sell, these will be sold to wealthy hedge fund brothers who can afford a second home without renting it, without a connection to the city, without income for the city.”

Eileen Coppola said she needed the rental income to maintain her second home.

“I currently live in Brooklyn and work for the New York City Department of Education. And as an educator, I couldn’t afford to buy a really good place in New York and I so started looking upstate and I found some nice communities there,” she said. “I feel like we contribute a lot to the community. My property is historic , it was the Dutch Reformed Zena Church built in 1914. So, by maintaining and improving it, I contribute to the cultural history of the community.

But Emma Leigh, who was born and raised in Woodstock, cannot afford to return due to rising rents. “I was living in a shack at the top of Ohayo (Mountain Road) for $550 a month in 2014. Wow, things have changed. There are eight units for rent right now on Trulia in the town of Woodstock,” she said. “The cheapest is around $1650 and it’s a basement apartment. There’s also one that’s a two bedroom which is around $2250. Probably with utilities you’re looking at maybe $2500 per month. So that’s $30,000 per year if we’re talking about 30% of your income. I need to earn something like $90,000 per year to be able to afford this two-bedroom apartment.”

Leigh said it was “alarming and disturbing” to then move on to airbnb.com and see that there are 300 homes available for short term rental.

“When I hear people talk about short-term rentals as if it’s a necessity and a need, and yet they’re talking about non-owner occupied second homes – there are people here who don’t even have a first house. They don’t have a first place to live and they were raised here, raised here, many generations here,” said Woodstock Housing Committee member Urana Kinlen. Although there are officially around 300 short-term rentals, everyone knows there are more, she noted. “I just think we have to kind of be real here and think about people who need their first home to live in. And to raise the cap (on short-term rentals) I think that’s just crazy .”

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Hike the historic Haile Farm in Warren, RI, a nature lover’s paradise https://nflandtrust.org/hike-the-historic-haile-farm-in-warren-ri-a-nature-lovers-paradise/ Fri, 21 Oct 2022 09:07:06 +0000 https://nflandtrust.org/hike-the-historic-haile-farm-in-warren-ri-a-nature-lovers-paradise/ Access: Off Market Street (Route 136), turn west at the sign for Haile Farm and through a small industrial area to the trailhead. Parking: Available for some cars. Dogs: Authorized but must be kept on a leash. Difficulty: Easy with some wet areas. WARREN — Rock Singewald gestures across the vast flat marsh where farmers […]]]>
  • Access: Off Market Street (Route 136), turn west at the sign for Haile Farm and through a small industrial area to the trailhead.
  • Parking: Available for some cars.
  • Dogs: Authorized but must be kept on a leash.
  • Difficulty: Easy with some wet areas.

WARREN — Rock Singewald gestures across the vast flat marsh where farmers for hundreds of years have swung scythes to harvest salt hay to use as cattle fodder and sell in local markets.

Salt hay became a treasured crop for generations of families who farmed the land along the Palmer River, says Singewald, chairman of the Warren Land Conservation Trust, which runs the Haile Farm Reserve.

The nonprofit group maintains a network of trails that traverse the 61-acre sanctuary that includes forested uplands and trails leading down to the river, where hikers can cross the marsh and see salt sparrows, ospreys and, if you’re lucky, an eagle soaring above your head. .

“The reserve is a great asset and easily accessible,” Singewald told me.

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A small circle of trembling aspens can be seen just off one of the trails in the upland section of Haile Farm Preserve in Warren.

On a crystal clear morning, Singewald and I hiked the Haile Farm trails past a small industrial area off Market Street to the trailhead near the entrance to Jade, a local maker.

We started by heading west on a right of way through private property covered in places with wood chips.

The trail entered a dense area of ​​invasive plants, including fall olive, bittersweet, multiflora rose, and sagebrush, which crowd out native species unless cut down.

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Opinion: Taxing California tribal lands after they’re returned adds insult to injury https://nflandtrust.org/opinion-taxing-california-tribal-lands-after-theyre-returned-adds-insult-to-injury/ Tue, 18 Oct 2022 16:00:00 +0000 https://nflandtrust.org/opinion-taxing-california-tribal-lands-after-theyre-returned-adds-insult-to-injury/ A Yurok Tribe welcome sign on State Route 96 in Weitchpec in far northern California. Photo courtesy of Caltrans News feeds are awash with pros and cons over whether federally recognized tribes and licensed gaming companies should be allowed to offer online sports betting in California. Instead, #LandBack should be trending. The #LandBack movement seeks […]]]>
Yurok Tribe Highway Welcome Sign
A Yurok Tribe welcome sign on State Route 96 in Weitchpec in far northern California. Photo courtesy of Caltrans

News feeds are awash with pros and cons over whether federally recognized tribes and licensed gaming companies should be allowed to offer online sports betting in California. Instead, #LandBack should be trending.

The #LandBack movement seeks to return land to tribal nations. These lands, with few exceptions, are subject to state property taxes. The Legislature should amend California’s tax codes to exempt such land from property taxes. This would prevent the exploitation of indigenous peoples that has been part of the nation’s history since before its independence.

State land tax was used to acquire native land. The Federal Government of 1887 Dawes Law authorized the severance of native-held land into parcels held in trust and exempt from state property taxes, for a specified period. When the exemption ended, many natives were unable to pay and confiscated their land from the state, which then resold it.

Taxpayers may worry that eliminating property taxes will reduce the revenue needed to support schools, roads and other public services. A system already exists to compensate for the loss of revenue from the local property tax which has provided $10.8 billion to the States since 1977.

Under this system, the federal government makes payments in lieu of taxes for tax-exempt federal lands, including reserves. Congress could expand payments to automatically include land returned to Indigenous nations. This would eliminate the threat of repeated loss of land for inability or non-payment of state property taxes, while securing revenue for local governments to provide services.

In 2022, $549.4 million was distributed to 1,900 local governments to offset non-taxable federal lands in their jurisdictions. Revenues generated by commercial activities on public lands fund these payments, eliminating the need for additional congressional appropriations.

The #LandBack movement is gaining momentum and has already seen land returned to tribes. Approximately 14,000 acres have been rendered to the native peoples of California since 1995, when 3,900 acres were returned to the Sinkyone Wilderness Intertribal Council in Mendocino County.

The town of Eureka has made international headlines returning all the plots it owned on Tuluwat Island to the Wiyot tribe in two land transfers in 2004 and 2019.

Land transfers had continued, the most recent taking place in May, when 40 acres above the North Fork of the American River in Placer County were returned to Colfax-Todds Valley Consolidated Tribe.

And, in a first for the San Francisco Bay Area, Oakland will create a five acre easement within city limits at Sequoia Point for Lisjan Nation Confederate Villages and Sogorea Te’ Land Trust. The city will retain title, with the easement granting the tribe the exclusive right to use the property for ceremonial and cultural purposes.

Additional land returns could take place across the state with the transfer of surplus state-owned land to Indigenous nations to meet the governor’s 2020 goal. Statement of Administrative Policy on Native American Ancestral Lands.

Mention of property taxes is absent from speeches and press releases celebrating land restitution. Failure to address this important issue renders those moments of well-being fleeting and forces Indigenous Nations to pay for the right to care for the lands they have called home since time immemorial.

Kerri J. Malloy is Assistant Professor of Global Humanities at San Jose State University. He is a registered member of the Yurok tribe. The author wrote this for Cal Mattersa public interest journalism company committed to explaining how the California Capitol works and why it matters.

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The eviction notices were served legally – ministry https://nflandtrust.org/the-eviction-notices-were-served-legally-ministry/ Sun, 16 Oct 2022 01:11:20 +0000 https://nflandtrust.org/the-eviction-notices-were-served-legally-ministry/ Fiji’s Housing Department said all eviction notices issued to more than 40 residents of Veiraisi Settlement in Nadera, Nasinu have been served legally. In a statement released via the Fijian government’s Facebook social media platform, the ministry said the land at Veiraisi was not under the Ministry of Housing and Community Development’s lease. Rather, it […]]]>

Fiji’s Housing Department said all eviction notices issued to more than 40 residents of Veiraisi Settlement in Nadera, Nasinu have been served legally.

In a statement released via the Fijian government’s Facebook social media platform, the ministry said the land at Veiraisi was not under the Ministry of Housing and Community Development’s lease.

Rather, it was freehold land owned by Nasinu’s Land Buying Cooperative.

“The recent eviction notices served by the freehold landowner to individuals in Veiraisi were lawfully issued pursuant to a court order,” the ministry said.

‘This was after some people residing on the land in question chose not to move to another arrangement offered by the landowner. The Nasinu Land and Purchase first offered all settlers in Veiraisi the opportunity to relocate to another area in 2018. Most of the families accepted this relocation offer.

“The case has since been heard in court and the owner of the freehold land had the right to evict anyone residing on the land in question, in accordance with the recently issued court order.”

According to the ministry, they had intervened to allow the settlers to gain additional time, and had negotiated an additional six months with the landowner to allow the individuals residing on the land to move.

“Legally, the Fijian government can only mediate between squatters and freehold landowners.”

According to housing manager Ronit Sen, they have held several meetings with the landowner and representatives of the affected families since the court order was issued.

“We gave them as much extra time as possible to find alternative accommodation,” Mr Sen said.

“During this period we conducted a survey and considered temporary accommodation in Public Rental Board apartments, however, some families reported extremely large household sizes which could not fit into PRB apartments.

“It had been clear for over four years that the families would eventually have to move, as this is freehold land. After being granted an additional six-month window to make alternative arrangements, the court order must now be complied with. »

The ministry pointed out that there are more than 250 informal settlements around Fiji.

“The ministry is working with both the Ministry of Lands and the iTaukei Land Trust Board to acquire and upgrade these settlements over time to provide secure land tenure for settlers.

“The ministry currently has 46 development leases under its upgrade program and three are now upgraded and ready to formalize. Twelve more colonies are set to begin upgrade work this fiscal year, with around $10 million allocated in the 2022-23 national budget for the work.

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