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OldHouseOwner
Feb 23, 2008, 02:59 PM
Hi~
I live in KS. We (along with our neighbors) are currently fighting a sand company that wants to start a mining operation directly across the road from our homes. Our county Planning & Zoning Commission voted down the sand company's CUP application, which the sand company appealed to the County Commission, who was ultimately unable to overturn the P&Z Commission's recommendation. The case is currently on the docket of the District Court because the sand company appealed the County Commission decision. There are several issues that we feel would make our area a bad choice for the sand company, including road/bridge conditions, heavy truck traffic, pollution, and our location in a flood plain. This fight has been ongoing for almost 3 years now, and it seems that every point we bring up, the sand company has an answer for (however shaky). It has come down to the sand company "extorting" the county with threats of running out of sand, so no new highways, building projects, new homes, etc. I should mention that this is not the only sand company in the county, and as a matter of fact, the county contracts for its sand from another sand company! We are needing to find out if there is any way that we could show evidence that a sand company coming into our neighborhood would have a definite negative effect on our property values. The sand company has estimated that there would be approximately 200 heavy truck trips per day during their peak season. I would be glad to provide more information if anyone needs it... right now we are looking for any help we can find to win this battle!
Thanks for any advice--

hauser5
Feb 23, 2008, 04:11 PM
I am behind you 100% on this. I live in Tennessee, but am from Georgia. My grandparents sold their 300 acres to a mining company in 1993, in Georgia. I personally did not want it to happen because I hated to see that happen to the place where I grew up and has so many memories. The good news is that the mining company determined that it was not suitable for mining because of all the standing water on the property (ponds). I still fear that it will be made into a subdivision someday.

Being located in a flood plain should be enough reason for them not to mine it. I don't know exactly how to really help, but just want to agree that the truck traffic and noise would be enough for me to just say "NO".

excon
Feb 24, 2008, 06:02 AM
We are needing to find out if there is any way that we could show evidence that a sand company coming into our neighborhood would have a definite negative effect on our property values. Hello Old:

Of course. You'll need to hire an expert. But, even if you found an expert to say that, I don't think declining property values are legal grounds for keeping the sand company out.

It would be my view, that if you wanted to stop this kind of industry, the way to do it would be from an ecological standpoint. If you're going to hire an expert, I'd hire one that is going to tell the county that the sand pit will destroy the habitat of Northamerican Sand Weasel.

excon

OldHouseOwner
Feb 27, 2008, 02:52 PM
Thanks for your support hauser5. It helps to know that we aren't the only ones who feel that way!

And excon... North American Sand Weasel? I thought that was the species of the guy who owns the sand company trying to ruin our neighborhood!

Thanks anyway to both of you.