Rural Living Special News Edition VIII
Water: Liquid Gold
Clicking on this photo or using the link below it will take you to a 3.92MB PDF file of the Spring 2015 Newsletter. Or you can just read the newsletter articles online below.
This is a link to the 3.92MB PDF file:
Spring 2015 Newsletter Articles
A Message from The HumCPR Board
Shaded Parcels Update
HumCPR versus the County of Humboldt
Nearly 30 years ago, the County began a process of ignoring very specific State law with respect to illegally created parcels and implemented a policy and procedure that was in direct violation of State law. Parsing the State law language by saying “we don’t
KNOW that the parcel is illegal, we just SUSPECT that it is”, the county avoided the formal filing of required documents and notification process. This saved them a lot of time and money.
The County then kept a record of the suspect parcels in a book generally hidden from public view. They would refer to this book whenever anyone wanted to get any type of permit on the parcel AND AT THAT TIME WOULD TREAT THE SUSPECT PARCELS AS ILLEGAL.
In September of 2011, the County mailed Notices of Violation to approximately 1,500 owners of these “shaded parcels” informing them that their parcels may have been illegally created. These notices were a complete surprise to most parcel owners, who paid full market price for their properties WITHOUT THE KNOWLEDGE POSSESSED BY THE COUNTY. The County’s Notice of Violation, which must be recorded by law, states that a parcel cannot be sold or used as security for a loan. It further prohibits the issuance of any type of development permit- including permits needed for fire damage repair.
HUMCPR submitted a request to the County to discontinue this practice and to follow State law. The County refused and HUMCPR filed suit asking a court to forbid the County from continuing this practice. Nearly 2 years have elapsed during which HUMCPR negotiated with the County in an attempt to equitably resolve the issue and to repair any damages that a property owner may have incurred by having a “cloud” placed on the title of their property.
Throughout 2014 HUMCPR negotiated in good faith with the County to resolve this lawsuit in a manner that would help the innocent purchasers of these “shaded parcels” – purchasers who most likely would not have purchased these parcels had the County followed State law and made it publicly known the that the parcels were created illegally. After months of negotiations, HUMCPR believed that a just settlement was at hand. However, the County failed to approve the settlement, essentially refusing to accept responsibility for their failure to follow State law – a failure which was integral in damaging the innocent purchasers of these parcels.
It appears that the negotiations have collapsed and the suit will be proceeding to trial. An initial court ruling leaves HUMCPR feeling confident that their legal arguments will prevail and that the County will once again (using tax payer money) pay the legal fees of damaged citizens.
Continue Reading the newsletter:
Pg. 1 – A Message from The Board: Shaded Parcels Update
Pg. 2 – Water Rights & Why You Should Care
Pg. 3 – Featured Cover Artist
Pg. 4 – End of An Era
Pg. 5 – Important Notice: Regarding Your Property & Land Use Designations
Pg. 6 – Water Rights & Diversion
Pg. 7 – Graywater, Rainwater, Blackwater …Oh My!
Pg. 8 – Water Rights: Local Needs vs. State Regulation
Pg. 9 – Bully With A Badge
Pg. 10 – Welcome Our New Executive Director, Alec Ziegler