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Need some real estate advice please

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    #16
    Originally posted by Lawhunter View Post
    Where in Louisiana is this?


    South of Lake Charles


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      #17
      Originally posted by Tsavoie22 View Post
      Yes she represented both buyer and seller


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      Oh, I bet she did.

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        #18
        Originally posted by Aggiechick View Post
        Wetlands do not equal floodplain. First off when dealing with a wetland you will need to determine if the wetland is jurisdictional or not. You can have a wetland, but it does not mean that it is under the USACE's jurisdiction. If the pond/wetland is isolated, you are in luck and more than likely would not be considered jurisdictional. Now since you said Parish, I am assuming that you are either in the New Orleans district or Vicksburg District, each district has their own way they view things, plus the WOTUS rule was blocked in Louisiana so you are at the USACE's discretion. So with all that said, I would suggest you getting a Preliminary Jurisdictional Determination done, which entails, a biologist going out to the site, seeing what type of wetland it is, drafting a report, and then submitting the report to the USACE to see if they agree or disagree. If you need any help please holler, I do not do this for a living, but my staff does.


        They have already done the preliminary. But Corp Said they only did 5 out of the 15 acres. Told me I will need to hire a consultant for the whole thing and resubmit the findings.


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          #19
          It just really frustrating to me cause I don’t understand how the government can tell u what u can and can’t do on your land. It’s not like I’m in the middle of the marsh. The property was a hay field a couple years ago


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            #20
            This is why most private individuals end up just doing what they want and hope that they do not get "caught" in the end. Now that the USACE has performed their own delineation, you are a bit stuck..they do not like to change their mind and state that something is not a wetland. In fact, one of my guys just met with the USACE the other day and initially they said the project would fall under an Nationwide Permit, but now will require an Individual Permit, and that is all because the initial regulator's boss got involved.

            Now with that said, if you want to fill in no more than 1/2 an acre, then it does not mater if a wetland is on your property, you will need to complete a pre-construction notification under Nationwide Permit 29 (residential development) and you should be covered. If you want more than 1/2 an acre, then I would suggest you get a consultant to come out and delineate the wetland, submit the preliminary jurisdictional determination and go from there.

            I reviewed the Nationwide Wetland Inventory (which is what most lenders look at) the site does not have a known wetland, it does have a waterway on the southside of the property. So it is my guess that the previous owners or realtor knew that a potential wetland was on the property.

            I suggest you call a consultant in the area who deal with the New Orleans district often. The cost up front will be worth it. If you need names, let me know.
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              #21
              Originally posted by Tsavoie22 View Post
              Yes she represented both buyer and seller
              If they served as an intermediary, they got paid twice, but I think that covers their but too. In TX "the intermediary broker may not express opinions or give advice during negotiations."

              Originally posted by Tsavoie22 View Post
              It’s not like I’m in the middle of the marsh. T
              The flood plain in LA is basically everything south of I-10.

              Have family in Big Lake, duck hunt near Creole. That area is pretty much all marsh.

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                #22
                Originally posted by batmaninja View Post
                If they served as an intermediary, they got paid twice, but I think that covers their but too. In TX "the intermediary broker may not express opinions or give advice during negotiations."







                The flood plain in LA is basically everything south of I-10.



                Have family in Big Lake, duck hunt near Creole. That area is pretty much all marsh.


                Yea I was raised in creole. Everything wet


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                  #23
                  Let me tell you my step dad's experience dealing with buying property and the Corps of Engineers. He bought a piece of property along a creek that feeds Sam Rayburn Reservoir from someone who's family has more money than God and lots of land in several counties. He found out about Corps jurisdiction when he planted some fruit trees, on property that he paid taxes on, below what the Corps said was the high water line and would have to be dug up- can't plant, cut down, build or place a structure below this line. Turns out the seller is not required to disclose to buyer about property that falls under the jurisdiction of the Corps of Engineers. So, if you are buying land that borders a "natural lake" that is fed by streams, creeks, or rivers do your due diligence and check on this.

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                    #24
                    I think I would put it back up for sale and just take my losses. On to the next piece of land.

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                      #25
                      Originally posted by wingnut View Post
                      I think I would put it back up for sale and just take my losses. On to the next piece of land.


                      Yeah that would be nice but I paid over 11k an acre for it. No one gonna pay that for wetlands


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                        #26
                        Originally posted by Tsavoie22 View Post
                        Yeah that would be nice but I paid over 11k an acre for it. No one gonna pay that for wetlands


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                        Worst case scenario I believe you could cover a capital loss on an 8949 to reduce capital gains at $3000 a year. Painfully that may be easier than dealing with improving the property.

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                          #27
                          Originally posted by Tsavoie22 View Post
                          Yes she represented both buyer and seller


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                          That is a no no
                          It's like using your wife's lawyer during a divorce

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