Peaceful Valley Memorial in east Flagstaff |
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When we bought our first Flagstaff land in 1993, our Flagstaff real estate agent explained the different types of open space around Flagstaff. (There was a lot more open space then than now!) We were concerned that the forest we saw next to our future Flagstaff home might someday be traded and developed. Since it is National Forest Service property, that’s a possibility. We decided to live with the risk. When I became a Realtor®, the broker who trained me made sure that I learned the differences between National Forest Service land, State Trust Land, and private land. I have occasionally come across agents who do not know that all of these types of property could be developed under the right circumstances. So, I guess it is not surprising that some residents of the Walnut Meadows subdivision believe that they were not told that the Peaceful Valley Memorial Park, the old cemetery that backs up to some of their homes, could be developed. I’ve also heard that some residents of Walnut Meadows and Walnut Ridge subdivisions believe, or believed, that the State Trust Land located behind those subdivisions was permanently protected. This in spite of the obvious dead-end road at Butler that will be the main road into that future development! State Trust Land exists for the very purpose of development! The Arizona Constitution set aside certain land in trust to be sold to support the Arizona school system. Every Realtor® should know that, and if we had decent civics classes, every Arizona-educated student would know that. Personally, I’ve sold several homes in the Walnut Meadows subdivision, including the same house twice which happens to back up to the Peaceful Valley Memorial Park. Each time I’ve show a home in the area, I explain the open space around the homes are of three types: State Land (very likely to be developed at some time), National Forest Service Land (less likely to be developed), and private land – the cemetery, which has some unique problems for development. This cemetery was abandoned years ago – “abandoned” meaning that the original religious group responsible for maintaining it no longer maintains it. As with all cemeteries, the burial plots are individually owned, just as individual plots of residential lots are owned. In addition, the cemetery is located, at least in part, in a flood plain. When I’ve sold houses, I’ve disclosed those facts, pointing out that the open space seen from Walnut Meadows is private land with these obstacles to development. No land in Arizona can be said to be permanent open space unless it is in a National Park or National Monument. There is always a risk that the conditions that seem to make it difficult to develop land will be removed, or become minor as engineering or economics change. Years ago, who would have built in a floodplain? – Unless, you were French and in New Orleans, of course! There, other factors made it so desirable that over the centuries billions have been invested to make it possible to build where the ocean and river would otherwise occupy the land. That’s one of the fascinating aspects of land development – there are so many factors that can influence decisions to build or not to build. But, I digress. Peaceful Valley cemetery was always privately owned land. The obstacles to development are these: (1) each burial plot is individually owned, so all owners would have to agree to sell, (2) the land is in a floodplain, so construction will be more expensive than if building outside a floodplain, (3) dead bodies will need to be relocated pursuant to state law. If Flagstaff land becomes so desirable that a developer thinks there is a profit in overcoming these obstacles, the land will be developed. These facts should have been disclosed to any buyer of a Flagstaff home in Walnut Meadows, and most likely they were disclosed to most homeowners there. The questions in hindsight are (1) how did the buyer weigh the risk, and (2) did the buyer’s Realtor® express too many opinions in the process of disclosing the facts? In hindsight, too few buyers will remember the conversation clearly as they stare at the “For Sale” sign posted at the cemetery. Apparently, a Midwestern banker has overcome obstacle #1 by putting together a consortium of the plot owners. Can obstacles 2 and 3 be overcome in the present market? The agent trying to sell the property ventured the opinion to the Arizona Daily Sun, “that would be impossible.” He’s less cautious than this Realtor®, I guess. To view the Seller Disclosure related to issues that would need to be overcome prior to development of the cemetery, click here. |
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