One Idea to Make Things Fairer


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How Will This Affect my Property Values?

This is a preliminary suggestion for making the whole process of corridor planning fairer. I'd welcome your comments at info@LibertyHillRiver.ORG.

What's unfair about the new road?

At tonight's meeting (August 4, 2008), the county said that their studies showed that property values always go up when a road is built, and that this specifically happened when 183A was built, properties adjacent to the new road went up 7 to 13%.

And for now, they're only buying land voluntarily...eminent domain starts much later, and construction is decades away.

But once the county chooses a route and starts buying property, they will have painted targets on a lot of land. They won't start eminent domain (which would require them to pay damages for adverse effects such as noise, view and limited access). And once they do build the road, the property values will no doubt recover.

The problem is that by planning 25-50 years ahead instead of 10-20 years ahead, they've introduced a decades long period of limbo. Those whose properties are "in the way" will be less able to build on their land, sell their land, or justify maintenance of their pasture. Why invest in land when you know a road will be going through in 20 years?

Sure, in 30 years you'll be able to sell your land at a profit, but judging by the apparent ages of the people in the audience around me, most of us won't be alive to enjoy those profits 30 years later.

Construction Dip

The County has a study online, Property Values and Highway Expansions: An Investigation of Timing, Size, Location, and Use Effects by Siethoff and Kockelman that describes the effect of roads on property values during the construction of Highway 183:
 
In general, roadway projects can have dramatic effects on property values, and this is evidenced here, through the signs and magnitudes of the parameter estimates. For example, construction impacts accumulated at the rate of -$0.05 to -$0.50 per square foot of land per year and -$0.50 per square foot of structure per year; fortunately, construction completion generally removed these negative impacts, allowing the corridor's properties to again appreciate.
 

They have another study online from Arizona: Impact of Highways on Property Values: Case Study of the Superstition Freeway Corridor by the Arizona Transportation Research Center, 2001. Here's an interesting quote (emphasis mine):
 
While the evidence indicates that the purchase of a home adjacent to a freeway or any major street is not a good investment in most cases, buyers of homes in the Superstition Freeway study area had access to information regarding existing and pending corridor development, and thus bear the responsibility for their investment returns.
 

So once they corridor is announced, it is likely a bad investment for someone to buy your home if you're adjacent the the highway.

What hasn't been studied is the effect of announcing a new road in the far future. Land values along 183 went up on speculation just before the right of way was acquired. What is clear is that with completion decades in the future, land owners may have to wait a long time for their values to recover.

A modest proposal

Disclaimer:  This is my own crazy idea, and it's still in development. There is no reason to believe
that any of our web site subscribers think this is even possible, let alone a good idea.

My idea is to compensate those affected by the choice of a corridor. I can think of two options:

Advance Damages for Future Condemnation

Offer payments to those in the path of the corridor for reduced development potential. Any such payments would be subtracted from the future condemnation proceeding. Those receiving the payments would agree not to make improvements on the land that would impair the future road.

It's a value for value transaction, and would be dollar neutral since the money would be "returned" when the land is actually condemned.

Yes, I know the "dollar neutral" claim ignores the time-value of money, but then so does the statement that planning ahead saves money.

Whole Property Buyout

For those whose property is bisected by the corridor, and who do not want to accept an "advance condemnation" payment, why not permit the county to buy the whole property, if the owner is agreeable. Offer the owner the current appraised value for the whole parcel.

I know the county's FAQ says the county cannot buy property for such use. Perhaps the state law may have to change. But that addresses the case where putting in the road makes it impossible for the owner to use their property for its current use. This handles the issues of riparian rights, private runways that become unsafe, and issues of access, noise and sight lines.

It's not ideal, but the owner can take the fair market value and go buy land that isn't targeted for a road.

The county can keep whatever part of the land they want and sell the rest (perhaps even at a profit).

Are these even possible?

Ask the county. If they really want to be "future-minded" and "pro-active", they can ask to change the law, too.

Both of these suggestions cost the county money. But remember that the reason for planning farther ahead is that the county is saving lots of money. They're doing that by preventing current owners from developing their land.

Why not offer payment for reduced development in corridor areas?

It would make the decades of limbo seem a lot less like theft, which is how most of the property owners tonight felt about the whole process.

And there is a consitutional basis: Fifth amendment: ...nor shall private property be taken for public use, without just compensation. By choosing a corridor, the county has effected a kind of "taking" of the private property.

What about Noise?

Pat McKinney has repeatedly pointed out to me the problem of noise. Having an interstate "two lots over" makes a lot of noise, but if you're more than 150' from the road, the county doesn't consider you "impacted".

From what I've seen, there are two kinds of people in Liberty Hill: the old-timers and the new arrivals. The old-timers have owned their ranches here forever, and they don't really want Liberty Hill to grow. Then there are the new arrivals (like me), who moved here to enjoy the quiet Texas Hill Country.

Neither of these groups want noise, and I can't figure out a solution to making them happy.

The numbers say that market values rise when they put in a road. You can bet your appraised value will rise, along with your property tax. My guess is that the only real answer will be to move farther away from Austin.


Last updated 5-Aug-2008