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Old 03-04-2010, 04:39 PM   #12
Redwing
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Join Date: Feb 2006
Location: New Haven, Connecticut and summer resident of Moultonborough, NH since 1952
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Default Totally concur

Quote:
Originally Posted by Slickcraft View Post
The small problem is that many, myself included, consider this to be an illegal taking without due process. When the lots were originally created they were legal lots of record. Future zoning changes can not un-create them.

In the past I have reviewed this with town attys in two towns and they agreed with the violation of due process. Of course not all lawyers agree on this, such as lawyers are, so this may still happen here and there.

There could be a situation where a land owner has used the size of both lots in past application for a permit, like putting a septic system on the lot line as if it was all one lot. Then the land owner may have lost full rights to claim the lots seperate.

Many thanks, Slickcraft. Extremely well-stated.
Redwing
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