Canton Weighing Community Land Trust for Affordable Housing

Canton leaders are considering implementing a land trust that would be aimed at acquiring land for affordable housing.

The Canton City Council discussed the potential implementation of a community land trust May 2. Council members did not vote on the proposal; they’re expected to have more discussion about it.

The Canton Housing Team is recommending that the city create a Canton Community Land Trust, according to city documents.

“Housing issues in the city aren’t going to be solved with one solution — there has to be a variety of tools in our tool kit to address all the needs and address them in an innovative way for future generations,” Canton Mayor Bill Grant said.

According to the city, a community land trust is a nonprofit, community-based organization that acquires, owns and stewards land permanently for the common good. Land trusts retain ownership of the land and sell the housing on the land to lower-income households through a long-term land lease, for below-market prices. In exchange, purchasers agree to resale restrictions that ensure the homes will remain affordable to subsequent buyers.

“We’ve talked about housing for a number of years now, always hitting the issue of how we make sure it is affordable...so this is a great vehicle for solving that problem,” City Attorney Bobby Dyer said. “The other advantage I see is you can do single lots or bigger development, like a whole subdivision. One of the other attractive parts of it would be that people could donate land if they wanted to and put it in the land trust.”

Canton Housing Initiatives Director Ken Patton said the city can look at what type of land trust to implement, should the city council approve to do so in the future.

Two examples of a land trust provided by city documents include a title-holding trust and a conservation land trust.

A title-holding trust allows the property owner to anonymously maintain all rights over the property and direct the actions of the land trust, according to city documents. The landowner signs a document called a “Deed in Trust,” which transfers legal ownership of the property. When setting up the trust, the landowner can specify how the land is to be managed, who has control over it and how the income it produces is distributed, city documents show.

A conservation land trust requires that the property owner give up some rights over land use and development to help protect wildlife, historical and cultural sites and natural resources from developments or other activities that may lead to disruption or pollution, according to city documents. A landowner can enter into a legally binding agreement, called a conservation easement, thereby “donating” their development rights to the trust. The trust is tasked with ensuring that the easement is enforced and, in some cases, managing the property.

If the council creates a land trust, there are two city-owned properties that could be considered for donation to the land trust, Patton said: two acres on Shipp Street and seven acres at the corner of Bluffs Parkway and Fate Conn Road.

For the city staff presentation on the land trust proposal, go to the May 2 City Council agenda at canton.legistar.com/Calendar.aspx .