I offer a few thoughts on land trusts-- tossing them out for discussion
purposes.  What are your views?

Background-
Over the past decade-plus, the land trust has become a popular model across
the country for those seeking to preserve urban and rural lands, and to
create affordable and energy-efficient housing.

Typically a non-profit community-based [501(c)(3)] organization is
established to raise funds and purchase urban and/or rural lands for the
purpose of pursuing land conservation and affordable housing initiatives.

In rural/suburban-fringe areas, they preserve farmlands and allow farmers to
extract equity from agricultural or wooded property without destroying
agricultural productivity or wilderness value.  This is accomplished largely
through the use of restrictive easements and limited development rights.

In urban areas, they are used to develop affordable and energy-efficient
housing.  In most cases, the trust purchases the land and/or the lot with an
existing structure on it, then rehabs or builds the housing unit(s).  The
trust retains title to the land, sells the home(s) and leases the land to
the buyer(s).  As the property appreciates in value, upside gains in equity
are restricted by the trust so, if there is a sale, the property remains
affordable to the next buyer.  Thus, the property is sold for less than full
market value.  The homeowner typically pays property taxes and holds a long
term lease on the land under the home.  I'm not sure if taxes are based on a
market/assessed value or the limited/trust-restricted value.

The Rondo Land Trust in St. Paul is a good example of how a land trust
providing affordable housing operates in our metro area:
http://www.twincities.com/mld/pioneerpress/3083515.htm
In Mpls., the City of Lakes Community Land Trust is being launched this week
(see Cara Letofsky's earlier post), with a gala tonight at Maria's across
the street from the E. Franklin Library, 13th and E. Franklin- 5:30-7 pm.

Discussion Issues- Home ownership vs rental

The ownership model-
Most land trusts sell the structure to the home buyer and provide a long
term lease on the land.  The logic being based on home ownership providing a
stabilizing influence in the neighborhood (relative to rentals), pride in
ownership, better upkeep, etc.  However, the validity of that 'ownership
model' logic is questionable, given that equity appreciation in these units
is often severely limited in order to preserve the perpetual affordability
concept.

Typically, the conversion of endless rent payments to mortgage payments is
an attractive proposition because the new owner begins building equity in
the property.  As those equity payments slowly grow, they are compounded by
appreciation of property values in the marketplace.  In fact the equity
associated with home ownership (principal payments plus appreciation) often
becomes the largest single asset in many homeowner's portfolios-- especially
those of modest means.  This is the typical justification for owning a home.
If the growth in that equity value is artificially restricted, as it is in
the land trust model, the true value of the 'ownership model' comes into
question (a land trust typically restricts equity growth to 25-50 percent).

Ownership is an expensive proposition since it entails property maintenance
and repair, property insurance and the payment of taxes- all of which may be
offset somewhat by the tax benefits associated with ownership- yet the cash
flow requirements remain.  If a homeowner in a land trust purchases a home
for $100K and lives there 10-20 years, similar homes in the neighborhood may
double in value, yet if the mortgage is paid, the land trust home owner is
typically limited to a 25-50 percent gain in property appreciation-- leaving
$50-$75K on the table in this case- being unable to purchase and move into
another similar property, let alone step up to a fancier property after
owning their home for say, 20 years.  What have they gained via this
ownership option?  Add to this dilemma, the fact that most home owners use
equity (loans) to finance maintenance and improvement costs in their home.
This attractive source of financing is limited -to- non-existent under the
land trust 'ownership model.'  Often times, lenders won't even offer equity
loans in this situation.  Also, the land trust usually holds a
'right-of-first refusal' option to purchase the property from the
lender/mortgage holder, if the property owner defaults-- making the
mortgages very low-risk for the lender, all the time supporting the lender's
CRA statistics in the neighborhood.  The homeowner should receive a lower
mortgage interest rate in such a situation, but I doubt that is ever the
case.  It seems that the home owner is placed at GREAT disadvantage, is
penalized, under these ownership conditions.  Who gains under this model,
besides the lender?

The rental model-
Using a land trust to purchase the land greatly reduces the cost associated
with providing affordable housing-- especially in neighborhoods where land
is very expensive.  In some neighborhoods, the cost of an empty lot exceeds
the cost of an entire home in other neighborhoods.  In these situations,
single family, double and mixed-income rental housing could be made
affordable in many neighborhoods that currently don't offer many affordable
housing options.  The 'rental model' avoids the equity shortcomings
identified above, and doesn't penalize the renter in the process.  In fact,
it could be argued that a renter, actually saving homeowner insurance,
maintenance and interest costs over an extended period of time might be in
better position to purchase with a sizable down payment and enjoy
unrestricted market appreciation thereafter.

Need for innovation-
It will be interesting to see what innovative adaptations we can arrive at
here in Mpls. with the land trust model.  The faith communities, community
based organizations and existing land trusts, housing developers and private
investors, coupled with the various governmental agencies (at
city/regional/state/fed level) involved in housing should be able to devise
unique strategies and solutions to address the unique housing needs
scattered across our city.  The differences between metro-median income and
city-median income are significant and we will need to devise many tools--
such as the land trust models, to address the unique needs of city
residents.

Talk it up, list members.  What are the strengths and weaknesses of the land
trust models?  How can we structure the models to be most effective, given
the limited financial resources available?  How can the private sector best
be involved with the land trust model?

Michael Hohmann
Linden Hills
Commissioner, Minneapolis Planning Commission

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