Township Wont Allow Sale of Farmland

[AKeat]

Pennsylvania, Plainfield Township, Northampton County

My wife was recently hired at a local diary farm. I know the owner and his family have been working the land ever since they were old enough, I dont believe they know about all the online resources, so I am asking on their behalf. Last year they had offers for the land from companies that, i believe, were going to build warehouses on the land. The family is having a hard time with the economy right now as the price of corn seed raises, and reliable help is a dime a dozen. The Main landowner's family is in and out of the hospital for surgeries, and is having a very difficult time with the raising costs of everything. When the owner decided he should sell the land the township decided to intervene and said he could not sell the land. I don't know anything about agricultural law, so I'm asking for help. Does the township get tax breaks per acre of farmland, and are they allowed to make desicions on this families land? Any help would be greatly appreciated by the family, thank you.

 

[LdiJ]

Pennsylvania, Plainfield Township, Northampton County

My wife was recently hired at a local diary farm. I know the owner and his family have been working the land ever since they were old enough, I dont believe they know about all the online resources, so I am asking on their behalf. Last year they had offers for the land from companies that, i believe, were going to build warehouses on the land. The family is having a hard time with the economy right now as the price of corn seed raises, and reliable help is a dime a dozen. The Main landowner's family is in and out of the hospital for surgeries, and is having a very difficult time with the raising costs of everything. When the owner decided he should sell the land the township decided to intervene and said he could not sell the land. I don't know anything about agricultural law, so I'm asking for help. Does the township get tax breaks per acre of farmland, and are they allowed to make desicions on this families land? Any help would be greatly appreciated by the family, thank you.

No one can stop someone from selling property that they own. However, the township can refuse to change the zoning on the land, which means that they can force it to remain agricultural, which means that someone wanting to use it for warehouses would not be able to do so, and therefore would not be interested in buying it.

 

[nextwife]

Exactly. The township is NOT prohibing the sale, it is prohibiting REZONING to a commercial, high traffic use. The family needs to clarify what, if any, alternate uses would be permitted and have their agent market accordingly. Example: It may allow subdividing for a few single family homes.

Are they listed for sale on the open market, with an MLS broker?

 

[AKeat]

The property is no longer listed for sale, the family gave up after the township denied sale, the farm has constant needs and everybody works from 3 AM to about 8 PM, so I believe they just gave up when told no, When I go there later on I will ask them and forward the information, I will add on information then, thank you again for your time.

 

[justalayman]

everybody works from 3 AM to about 8 PM,.

Oh, so they work a typical day on a dairy farm. Not sure why that would be unexpected from a group of people that were raised on a dairy farm.

Dairy farms are very labor intensive, as the owners surely know. It is a life they chose to do. If they do not want to farm anymore, they are welcome to enter the general workforce and find jobs outside of the farm anytime they don't want to farm any longer.

As to the disposition of the farm: there are constant decisions to be made when running a business. If the business is no longer viable, they they should seek a means to terminate operations or sell it to another wishing to take on the challenges of the business. As others have stated, if there is a zoning issue with the township and they are reluctant to change the zoning to allow anything other than agricultural use, then that is the right of the government as they do have the right to control land use under their purview (as the laws allow).

Now, if there are reasons other than a zoning issue, feel free to say so. While not common (hopefully), there are entities in government that act outside of the law and might improperly prevent a sale. Your friends wouldn't be the first victims of such action if that be the case.

 

[Free_Advice]

You can always sell land ... put an ad in the paper for $1/acre & see how many people show.

 

[nextwife]

If they really wish to sell, they should interview some local real estate professionals with experience successfully selling comparable properties in their general area and consider listing for sale. They need to be on the OPEN market. One does not get their best price, in most cases, when they don't get their real estate "out there" to the largest pool of potential buyers.

 

[OHRoadwarrior]

If they cannot sell due to zoning, perhaps they can lease the land to another farmer.

 

[nextwife]

If they cannot sell due to zoning, perhaps they can lease the land to another farmer.

Yes, they could lease or potentailly lease or sell much of the land.

And, just because the extreme change from agricultural to mini warehouse was denied, does not automatically mean that agricultural is the ONLY use of any kind the township might permit. They need to research allowable uses and seek potential buyers that would be seeking such uses.