As of March 14, 2012, the California Department of Fish and Game (DFG) announced that budget cuts have temporarily stopped the agency’s ability to review and approve new mitigation banking proposals statewide. The State budget cuts have created a backlog and the Department has slowed the process. DFG did acknowledge in their press release and website that mitigation banking is an important environmental tool and hopes the pause in mitigation land banking activities is short-lived. They will sign and complete bank agreements that are close to being completed, yet they didn’t indicate what it considers “close.” DFG will not, however, be approving new banking programs and stated it may not have the capacity to process major amendments to existing agreements.
This creates a great problem for smaller and new mitigation banking firms, which lack the capital to process and buy longer term. Some of the smaller mitigation bankers may have spent larger sums of capital on areas where the environmental benefits are not in delicate ecosystems for endangered plants and animals. These land bankers were buying larger parcels of land in the hopes that developers will buy the land to fulfill the environmentalist concerns. These smaller bankers will have to sell some of their land now to more deep pocket competitors or investors to stay afloat.
The mitigation business is similar to land banking business, where you buy vacant land and hold the land for buyers who need the land for later development. In mitigation banking the future buyers are developers who develop near cities growing areas and must buy “credits” to satisfy environmentalist and the state in order to develop their land today. An example would be a Mall developer, a solar or wind farm will have to buy large swaths of land and donate it to the state to preserve the land forever. Most of these parcels are in endangered animal and plant habitats like that of the desert tortoise, ground squirrel, and Joshua tree woodlands in Southern California.
We at vacantlanddeals.com have been working with several mitigation bankers who are buying land for current developers, or buying land now to mitigate bank it for future developer plans. We have hundreds of land owners on our list of potential sellers who can benefit from this mitigation wave. Contact us and we can help introduce your land to the larger mitigation bankers. Lancaster and Palmdale areas of Antelope Valley, and San Bernardino County are large target areas for land banking and mitigation banking needs. Some of the larger mitigation bankers can wait until the DFG completes its backlog or hires more employees to handle the traffic.
Thursday, April 12, 2012
Monday, April 2, 2012
Wind Energy Projects have been a Challenge for Developers in Antelope Valley, Ca.
Many Antelope Valley residents are not excited over green energy projects underway for both Wind and Solar Energy. Many residents indicate that Wind Turbines would ruin the area's ambiance and harm the environment and the landscape will be changed forever.
The Antelope Valley energy companies want abundant lower priced land and lots of sun and wind. The sun scorches this landscape for at least nine out of 12 months and the wind gusts are reliable and steady.
Two solar projects have already been approved for unincorporated Los Angeles County. Eight other renewable energy projects have been proposed. The Wind Energy players NextEra Energy Resources and Element Power US want to build utility-scale wind turbine facilities that would tower hundreds of feet high.
According to the Los Angeles Times in a recent article the project manager for Element Power's proposed Wildflower Green Energy Farm. "Between 4 p.m. and 7 p.m. the winds reach their highest peak, and it falls in line when the electrical grid has highest demand."
Element wants to use 4,000 acres of private land next to the poppy reserve for some 50 wind turbines almost 500 feet high. Each turbine would produce enough electricity to power up to 2,000 homes.
NextEra is proposing 90 turbines on about 7,000 acres in the northwestern Antelope Valley. This area has been identified by the California Energy Commission as suitable for large-scale wind and solar power developments. This is over an above Alta Wind Energies mega project of up to 1000 turbines in Tehachapi, Ca.
Resident fears once one large turbine project is approved then many more will be proposed. Solar panels are four to six feet above ground while the turbines will be hundreds of feet high. Home owners in Antelope Acres and Kings Canyon area argue that erecting wind turbines near homes would spoil views. They are also noisy and can devalue home prices. There are issues with large blades sparking fires, killing of birds and damaging wildlife habitat.
Element power has indicated that they have done habitat studies and they feel wildlife will not be adversely affected. They will also dedicate 320 acres for permanent conservation. Next Era also feels the turbines will have a minimal effect on wildlife.
We have helped introduce a number of property owners to solar and wind developers and consultants. Contact vacantlanddeals.com if you have property that maybe of interest to alternative energy developers.
The Antelope Valley energy companies want abundant lower priced land and lots of sun and wind. The sun scorches this landscape for at least nine out of 12 months and the wind gusts are reliable and steady.
Two solar projects have already been approved for unincorporated Los Angeles County. Eight other renewable energy projects have been proposed. The Wind Energy players NextEra Energy Resources and Element Power US want to build utility-scale wind turbine facilities that would tower hundreds of feet high.
According to the Los Angeles Times in a recent article the project manager for Element Power's proposed Wildflower Green Energy Farm. "Between 4 p.m. and 7 p.m. the winds reach their highest peak, and it falls in line when the electrical grid has highest demand."
Element wants to use 4,000 acres of private land next to the poppy reserve for some 50 wind turbines almost 500 feet high. Each turbine would produce enough electricity to power up to 2,000 homes.
NextEra is proposing 90 turbines on about 7,000 acres in the northwestern Antelope Valley. This area has been identified by the California Energy Commission as suitable for large-scale wind and solar power developments. This is over an above Alta Wind Energies mega project of up to 1000 turbines in Tehachapi, Ca.
Resident fears once one large turbine project is approved then many more will be proposed. Solar panels are four to six feet above ground while the turbines will be hundreds of feet high. Home owners in Antelope Acres and Kings Canyon area argue that erecting wind turbines near homes would spoil views. They are also noisy and can devalue home prices. There are issues with large blades sparking fires, killing of birds and damaging wildlife habitat.
Element power has indicated that they have done habitat studies and they feel wildlife will not be adversely affected. They will also dedicate 320 acres for permanent conservation. Next Era also feels the turbines will have a minimal effect on wildlife.
We have helped introduce a number of property owners to solar and wind developers and consultants. Contact vacantlanddeals.com if you have property that maybe of interest to alternative energy developers.
Tuesday, March 13, 2012
California Assembly Bill 2474 Targets Rural Property Owners Disproportionately
Governor Brown this year has waged a campaign to charge rural residents for the costs of fire protection since an increasing number have moved into wildland areas. And state fire officials say the greater the number of homes in rural areas, the higher the cost of fighting fires.
Assembly Bill 2474 (Chesbro) was introduced in the California Legislature on February 24, 2012 to address some of the concerns facing Californians who own real property in the state fire responsibility areas (SRA), and who will start seeing bills (in the amount of $150 per habitable structure for fire prevention fees) show up in their mailboxes this June.
AB 2474 will require the State Board of Forestry and Fire Protection to take into consideration: (1) any amounts that an owner of a structure in a SRA already pays for local fire prevention services, and (2) the severity of the fire zone where the structure is located. If this bill is signed into law it should comfort homeowners who already actively engage in fire prevention measures on their own, and those who own property in SRA zones where the fire severity rating is lower.
The current existing law requires the Board to adopt emergency regulations to establish a fire prevention fee in an amount not to exceed $150 to be charged on each structure on a parcel that is within a SRA. The Board is required to adjust the fee annually using prescribed methods. The fees (tax) will provide $85 million to State coffers. This is another way to slowly increase the cost of living to homeowners and land owners. Rural property owners have less support and clout than urban property owners, and they call it a fee instead of a tax to reduce its attention. Nevada County Supervisor Hank Weston was quoted as calling the $150 charge "a farce to fill a budget gap created by the state."
Assembly Bill 2474 (Chesbro) was introduced in the California Legislature on February 24, 2012 to address some of the concerns facing Californians who own real property in the state fire responsibility areas (SRA), and who will start seeing bills (in the amount of $150 per habitable structure for fire prevention fees) show up in their mailboxes this June.
AB 2474 will require the State Board of Forestry and Fire Protection to take into consideration: (1) any amounts that an owner of a structure in a SRA already pays for local fire prevention services, and (2) the severity of the fire zone where the structure is located. If this bill is signed into law it should comfort homeowners who already actively engage in fire prevention measures on their own, and those who own property in SRA zones where the fire severity rating is lower.
The current existing law requires the Board to adopt emergency regulations to establish a fire prevention fee in an amount not to exceed $150 to be charged on each structure on a parcel that is within a SRA. The Board is required to adjust the fee annually using prescribed methods. The fees (tax) will provide $85 million to State coffers. This is another way to slowly increase the cost of living to homeowners and land owners. Rural property owners have less support and clout than urban property owners, and they call it a fee instead of a tax to reduce its attention. Nevada County Supervisor Hank Weston was quoted as calling the $150 charge "a farce to fill a budget gap created by the state."
Thursday, March 1, 2012
Alta Wind Energy Center in Tehachapi Kern County is Moving Along
There are a number of wind farms operating or under development in Kern County near Tehachapi, Ca. The largest one under development is the Alta Wind Energy Center (AWEC) which is located in the Tehachapi-Mojave Wind Resource Area.
Terra-Gen Power is the developer AWEC, and it will be California's largest wind energy project. They have a 20 year power purchasing agreement with SoCal Edison to sell 1550 megawatts of energy produced by these towers. These towers are 400 to 500 feet, which is about the distance the Golden Gate Bridge is from the Bay. It was partially approved based on tax incentives to the community, its environment reduction of energy, and low use of water compared to some solar projects. $55 million was invested by Google, and Terr-Gen’s raised $1.2 billion from Barclays Capital, Citibank and Credit Suisse.
It also has been a bit of a boondoggle for residents and land owners. Landowners get a royalty for wind towers to operate on their property. If you think about it this land is primarily rolling hills at a distance from development without city services. The main use for this land has been cattle grassing or nothing until AWEC stepped in. The royalty rights are targeted to be $20 million to the land owners. There has been $2 billion invested in this area the last two years. Perhaps one of the drawbacks is the limited employment as only 50 jobs have been created with several hundred temporary construction jobs. Residents have complained at least those who have not personally benefitted as these large towers dominate the landscape. It certainly changes the views in the horizon. According to the American Wind Energy Association the two initial projects were completed in fall 2010. There are other projects were targeted to be completed in early 2011. They are projected to produce 4550 megawatts of energy once all projects are complete. There have been proposals to triple the wind energy in this area to eventually encompass 50 square miles. This is part of SoCal Edison’s transmission line expansion.
According to reports Tehachapi Renewable Transmission Project (TRTP) is the initial phase at a cost of almost $2 billion. The plan is to send 4500 megawatts to Los Angeles about 80 miles from Tehachapi, Ca.
There is certainly Wind Gold in them thar hills as there are also a number of other wind farms in the area such as NextEra, Cal Wind Resources, Coram, Oak Creek Energy Systems, GE Energy, AES, Mogul Energy Windland, and enXco. The vacant land investor can now say buy slopping windy land and wait as it too has paid off.
Terra-Gen Power is the developer AWEC, and it will be California's largest wind energy project. They have a 20 year power purchasing agreement with SoCal Edison to sell 1550 megawatts of energy produced by these towers. These towers are 400 to 500 feet, which is about the distance the Golden Gate Bridge is from the Bay. It was partially approved based on tax incentives to the community, its environment reduction of energy, and low use of water compared to some solar projects. $55 million was invested by Google, and Terr-Gen’s raised $1.2 billion from Barclays Capital, Citibank and Credit Suisse.
It also has been a bit of a boondoggle for residents and land owners. Landowners get a royalty for wind towers to operate on their property. If you think about it this land is primarily rolling hills at a distance from development without city services. The main use for this land has been cattle grassing or nothing until AWEC stepped in. The royalty rights are targeted to be $20 million to the land owners. There has been $2 billion invested in this area the last two years. Perhaps one of the drawbacks is the limited employment as only 50 jobs have been created with several hundred temporary construction jobs. Residents have complained at least those who have not personally benefitted as these large towers dominate the landscape. It certainly changes the views in the horizon. According to the American Wind Energy Association the two initial projects were completed in fall 2010. There are other projects were targeted to be completed in early 2011. They are projected to produce 4550 megawatts of energy once all projects are complete. There have been proposals to triple the wind energy in this area to eventually encompass 50 square miles. This is part of SoCal Edison’s transmission line expansion.
According to reports Tehachapi Renewable Transmission Project (TRTP) is the initial phase at a cost of almost $2 billion. The plan is to send 4500 megawatts to Los Angeles about 80 miles from Tehachapi, Ca.
There is certainly Wind Gold in them thar hills as there are also a number of other wind farms in the area such as NextEra, Cal Wind Resources, Coram, Oak Creek Energy Systems, GE Energy, AES, Mogul Energy Windland, and enXco. The vacant land investor can now say buy slopping windy land and wait as it too has paid off.
Wednesday, February 15, 2012
Adverse Possession of Lancaster, Palmdale California Land
We ran across this issue as we were trying to sell a property where the owner lived overseas outside the Antelope Valley area. We were attempting to drive by the property and we found an illegal dwelling and a man with a gun defending the property. Now this doesn’t occur everyday, but in parts of the Antelope Valley surrounding the cities of Lancaster and Palmdale, Ca. there is a lot of vacant land with little access or only a dirt road. Now the squatter was on the property but had taken physical possession. He appeared to have been living on the property for some time and making a home of his own, but didn’t complete all the factors of adversely possessing the property. You can acquire a property by adverse possession including a house or vacant land in California, but the action will take at least five years.
The process to make a claim of adverse possession in California by a claimant (the party seeking to gain title to the property) they must successfully demonstrate the following. 1. Possession under a claim of right or color of title, which means ownership of property by a person in possession, without being regular( so not the documented registered owner), Color of title is where the claimed owner has some piece of paper claiming to transfer title to him or herself. This can be done writing a document saying you are the owner. 2. Actual, open, notorious occupation (protected by a substantial enclosure such as a fence, barrier or wall and usually cultivated or improved. 3. Claimant is adverse and in hostile possession. 4. Continuous possession for a period of five years. 5. Payment of all taxes assessed against the property during the five-year period. Most people think you just have to pay the taxes, but in order to fully take the property and defend it in court then you need to have all of the above.
It could be easier to acquire this type of property at a tax sale then doing all of the above unless it is a house where the time and value is more in your favor. Adverse possession of tens or hundreds of acres of land could be more difficult to fence if you are challenged in court. You may have to do more research to find out what is open and notorious in adverse possession of vacant land. We have ran across potential properties that can be taken by adverse possession as the property owner has given up and no longer intends to pay the property taxes, so the other parts of adverse possession can be undertaken.
The process to make a claim of adverse possession in California by a claimant (the party seeking to gain title to the property) they must successfully demonstrate the following. 1. Possession under a claim of right or color of title, which means ownership of property by a person in possession, without being regular( so not the documented registered owner), Color of title is where the claimed owner has some piece of paper claiming to transfer title to him or herself. This can be done writing a document saying you are the owner. 2. Actual, open, notorious occupation (protected by a substantial enclosure such as a fence, barrier or wall and usually cultivated or improved. 3. Claimant is adverse and in hostile possession. 4. Continuous possession for a period of five years. 5. Payment of all taxes assessed against the property during the five-year period. Most people think you just have to pay the taxes, but in order to fully take the property and defend it in court then you need to have all of the above.
It could be easier to acquire this type of property at a tax sale then doing all of the above unless it is a house where the time and value is more in your favor. Adverse possession of tens or hundreds of acres of land could be more difficult to fence if you are challenged in court. You may have to do more research to find out what is open and notorious in adverse possession of vacant land. We have ran across potential properties that can be taken by adverse possession as the property owner has given up and no longer intends to pay the property taxes, so the other parts of adverse possession can be undertaken.
Wednesday, February 1, 2012
Illegal Dwellings and Debris Removal has been Stepped Up for Land Owners in Antelope Valley
The mayor of Los Angeles County Michael Antonovich has been on the LA County board of Supervisors for thirty one years. He has organized a Nuisance Abatement Team (NATS) since 2006. The team under city permit and building codes has removed a number of illegal dwellings and the biggest target area has been in Antelope Valley. The NATS group has forced homeowners of makeshift homes to dismantle them, face fines or go to jail. One notorious illegal dwelling was “Phonehenge” (a take off of Stonehenge). It was not sufficiently dismantled by the property owner who was then prosecuted and sent to jail after a dozen other prior misdemeanor convictions.
The Dept of Public Works handles smaller issues from potholes, downed trees, and uncollected trash, bulky item pick up and graffiti issues. Recently, the department has been reduced by approximately a half a million dollars so many areas have are now overlooked.
Illegal dwelling will not fall under Public Works issues as that is now a NATS target. They also enforce dumping on property. Lots of debris is dumped on vacant land parcels in the valley. Instead of residents going to the dump and paying to have the county recycle and bury their unwanted goods, they unload it on vacant unused land parcels. Often several to hundreds of tires have been found on unsuspecting land owners. It costs nine to fifteen dollars or more to recycle a tire. Some unscrupulous tire installers don’t like to transport and pay that fee even though they charge the customer. So when they get a sufficient load they hall it and dump it out of site behind a hill in the valley.
Code Enforcement
Each city (Lancaster, Palmdale, Ca.) and the LA County have several ordinances that are designed to maintain a healthy, safe and clean environment. They carry out land use policy and preserve the quality of life standards for residents and businesses.
The Uniform Building Codes, Housing maintenance codes, various health and safety codes are the codes that target illegal dwellings and dumping. Part of the illegal dwelling issues and weed abatement is the prevention of fires. Every summer fires seriously impact Los Angles County costing local government and businesses, insurance companies and home owners millions annually.
If a City or County staff member observes that code violation exists then typically a general notice of violation is issued to the owner/tenant to correct the code violation in a timely manner. The City may also issue citations or take court action if the situation poses a significant risk to the community or if the individual has ignored the notice of violation.
In most cases, the individual responsible for the code violation is given the opportunity to voluntarily correct the situation and comply with current codes without a penalty. If the correction is not made, then the individual may be subject to fines and civil injunctions or other penalties. In many cases the code violator is not the property owner so the property owner initially gets a notice in the mail. If the violation is not taken care of in a timely manner then the city or county will remove the debris. In such a case a lien will be recorded for the expense to remove the debris. If LA County clears the debris then it will likely cost much much more then if you do it. It is the land owner’s responsibility to ensure their property meets the codes set out by the city and county. We recommend you take any notice seriously.
The Dept of Public Works handles smaller issues from potholes, downed trees, and uncollected trash, bulky item pick up and graffiti issues. Recently, the department has been reduced by approximately a half a million dollars so many areas have are now overlooked.
Illegal dwelling will not fall under Public Works issues as that is now a NATS target. They also enforce dumping on property. Lots of debris is dumped on vacant land parcels in the valley. Instead of residents going to the dump and paying to have the county recycle and bury their unwanted goods, they unload it on vacant unused land parcels. Often several to hundreds of tires have been found on unsuspecting land owners. It costs nine to fifteen dollars or more to recycle a tire. Some unscrupulous tire installers don’t like to transport and pay that fee even though they charge the customer. So when they get a sufficient load they hall it and dump it out of site behind a hill in the valley.
Code Enforcement
Each city (Lancaster, Palmdale, Ca.) and the LA County have several ordinances that are designed to maintain a healthy, safe and clean environment. They carry out land use policy and preserve the quality of life standards for residents and businesses.
The Uniform Building Codes, Housing maintenance codes, various health and safety codes are the codes that target illegal dwellings and dumping. Part of the illegal dwelling issues and weed abatement is the prevention of fires. Every summer fires seriously impact Los Angles County costing local government and businesses, insurance companies and home owners millions annually.
If a City or County staff member observes that code violation exists then typically a general notice of violation is issued to the owner/tenant to correct the code violation in a timely manner. The City may also issue citations or take court action if the situation poses a significant risk to the community or if the individual has ignored the notice of violation.
In most cases, the individual responsible for the code violation is given the opportunity to voluntarily correct the situation and comply with current codes without a penalty. If the correction is not made, then the individual may be subject to fines and civil injunctions or other penalties. In many cases the code violator is not the property owner so the property owner initially gets a notice in the mail. If the violation is not taken care of in a timely manner then the city or county will remove the debris. In such a case a lien will be recorded for the expense to remove the debris. If LA County clears the debris then it will likely cost much much more then if you do it. It is the land owner’s responsibility to ensure their property meets the codes set out by the city and county. We recommend you take any notice seriously.
Monday, January 16, 2012
Is First Solar Inc., the Parent of Antelope Valley’s Solar projects: Willow Springs, AVSolar Rancho One and EdisonMission Energy in financial trouble?
According to Investing Daily and other news sources First Solar lowered its sales forecast. First Solar said it now expects sales of $2.8 billion to $2.9 billion on the year, down from its previous estimate of $3.0 billion to $3.3 billion. The company also said it will lay off about 100 workers, or roughly 1.5% of its workforce.
There stock was at a high in 2008 at 300 a share to now under $40 a share. Other stock watchers have indicated that the Chinese are making less expensive solar panel chips, so First Solar intends to get out of the roof panel business part of solar. The Chinese production is highly automated and the factories are subsidized.
Other solar companies have gone bankrupt such as Fremont, Ca. Solyndra and Massachusetts based Evergreen Solar.
First Solar’s press release, Mike Ahearn, the company’s chairman and interim CEO, alluded to subsidy cuts when he said the company was recalibrating its business “to focus on building and serving sustainable markets rather than pursuing subsidized markets.”
First Solar is not in the same situation as Solyndra as Solyndra was backed by US Government loans. Evergreen Solar situation is also different. Evergreen was selling primarily solar panels. Solar panel prices dropped worldwide and Evergreen was losing money on every panel it made. That is a reason why First Solar is getting out of the panel business.
We will be keeping tabs on First Solar’s progress and it has become a pivotal part of the landscape in Antelope Valley.
There stock was at a high in 2008 at 300 a share to now under $40 a share. Other stock watchers have indicated that the Chinese are making less expensive solar panel chips, so First Solar intends to get out of the roof panel business part of solar. The Chinese production is highly automated and the factories are subsidized.
Other solar companies have gone bankrupt such as Fremont, Ca. Solyndra and Massachusetts based Evergreen Solar.
First Solar’s press release, Mike Ahearn, the company’s chairman and interim CEO, alluded to subsidy cuts when he said the company was recalibrating its business “to focus on building and serving sustainable markets rather than pursuing subsidized markets.”
First Solar is not in the same situation as Solyndra as Solyndra was backed by US Government loans. Evergreen Solar situation is also different. Evergreen was selling primarily solar panels. Solar panel prices dropped worldwide and Evergreen was losing money on every panel it made. That is a reason why First Solar is getting out of the panel business.
We will be keeping tabs on First Solar’s progress and it has become a pivotal part of the landscape in Antelope Valley.
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