|
|
The Haines homestead is located in a prime recreational
area in the mountains near Helena, Montana. As the 320
acres comprising the homestead increased in value, concern
grew among the present owners that future pressure from
developers might result in the the sale and subdivision of
the property for vacation homes and cabins. To that end,
Don Petersen proposed, and all owners agreed, that a
conservation easement be placed on the property to prevent
it from ever being developed. This was
accomplished in 1999 with a conservation easement on the
property donated to the Montana Land Reliance. This
prevents in perpetuity, subdivision for residential or
commercial purposes, construction of non-agricultural
buildings, non-agricultural commercial activities, dumping
of non-compostable or toxic waste, or surface mining. The
rustic nature of the homestead will now be preserved for
future generations.
In 2000 another concern arose. Although all owners
are descendants of Howard and Marie Haines, it is possible,
through inheritance or divorce, that part ownership could
at some point fall outside the Haines family. Consultation
with an attorney also revealed that under the ownership
structure at the time, any single owner could conceivably
force the sale of the property against the wishes of all
the other owners. It was decided to look into the
feasibility of forming a Limited Liability Company (LLC)
that would hold title to the homestead, and the present
owners would own shares in the company. Only direct
descendants of Howard and Marie Haines would be allowed to
own shares in the company. The structure of the proposed
LLC went through several revisions and the company finally became a
reality in February, 2004, when the Articles of Organization
were filed with the Montana Secretary of State.
|
| |