Can a town interfere with a land sale if it may lead to health problems?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a town interfere with a land sale if it may lead to health problems?
The local gas company is in the process of purchasing some land from a private golf club in our town. They plan to place a gas metering station on the land. The property is in a residential area. Many of us have organized a group to stop the sale. Our concerns are with the health and safety issues of placing such a
metering station in a residential area. Our town council says that they have no power to block a private land sale. Our group doesn’t understand how this can be so, if there is a possibility of a health and safety issue because of the placement of this metering station in this area. We have presented them with evidence of the
health and safety issues. Is there anything that we can do?
Asked on January 7, 2019 under Real Estate Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If the sale violates zoning laws, in that they are looking to place something on that land that it not approved for it, the town can block it. And even if it is zoned for this use, if something about how the installation, etc. is done or property used violates health or safety ordinances, the buyer can be fined for doing so or have their installation/use blocked. But if the proposed purchase and use is within the law--no violations of zoning or town health/safety code--then the town had no authority to stop it, even if neighbors oppose the use. All the town can do is enforce the town's laws on the books.
However, even if ostensibly legal, if the way the land is used in fact disturbs--not just ypothetically or from what people fear may happen, but from its actuall sounds/noise, sights, smells, and/or chemical discharges, etc.--neighbors in a way inappropriate for a residential neighborhood like this, the affected neighbors could bring a "nuisance" lawsuit to seek compensation and/or have the operations/use discontinued. There needs to be a concrete, provably impact on the neighbors that is inappropriate for a location like that. if you want to explore this option, consult with a real estate attorney.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.