A Preliminary Checklist For Non-Profit Executive Directors Considering Purchase Of A Property For A New Or Re-Located Program

Before your organization decides on a location for its new or re-located program, make sure, at a minimum, that the items on the following checklist have been assessed. The checklist can aid preliminary decision-making as well as long-range planning if your program meets opposition.

[ ] Has a comprehensive legal analysis been completed?

[ ] Zoning analysis

[ ] Other local regulations [ ] All permits that must be obtained prior to: (a) start of construction; (b) opening the program and serving clients

[ ] Applicable state laws and regulations

[ ] Federal laws and regulations - especially, in the case of programs for people with disabilities, the Fair Housing and Americans with Disabilities Acts

[ ] Assuming good faith and non-discriminatory conduct by municipal officials, how long will it take to obtain decisions, whether positive or negative, on local permit applications?

[ ] If public hearings must be held before local boards or commissions, what is the longest that the process can reasonably take, for each board or commission, and collectively?

[ ] Zoning Board of Appeals

[ ] Planning Board

[ ] Conservation Commission

[ ] Any other boards that have or claim jurisdiction, such as boards relating to traffic, fire regulations, or public health

[ ] Does the municipality have a history in dealing with projects similar or analogous to yours, and if so, has that history been researched?

[ ] Have potential, influential supporters of your planned program been identified?

[ ] Local elected and other officials

[ ] Media

[ ] Clergy

[ ] Business leaders

[ ] Civic leaders

[ ] Others

[ ] Has the source of likely opposition been identified?

[ ] If legal action in court becomes necessary, how long would a lawsuit in your jurisdiction take, from inception to judgment?

[ ] State trial court

[ ] Federal district court

[ ] State appellate courts and/or federal Circuit Court of Appeals

[ ] Has the approximate cost of delay beyond the scheduled opening been calculated?

[ ] Can the organization withstand the cost of delay if a protracted fight develops?

[ ] Will funding sources stand by the project if opposition results in delay?

Depending on the circumstances of each project, other items might be usefully added to this checklist.
It will not always be possible to complete every item in the checklist before deciding on a program's location. Even with the best of analysis and preparation, unanticipated opposition may arise.