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Commitments and Contingent Liabilities
6 Months Ended
Jun. 30, 2011
Commitments and Contingencies Disclosure [Abstract]  
Commitments and Contingencies Disclosure [Text Block]
3.   Commitments and Contingent Liabilities

Dam Repairs

The Partnership is responsible for the maintenance and repair of an earthen dam designed to retain water in one of the lakes.  The dam was breeched in 1996 and the Partnership has spent approximately $185,000 in repairs since 2001.  The Partnership intends to deed the dam to the City of Boiling Spring Lakes, but the city has required additional repairs before accepting ownership.  The Partnership believes that damage to the dam, such as could occur during a hurricane or a flood, before the transfer of title could result in significant additional repair costs.  The Partnership has made no provision in the financial statements related to this contingent liability.

Commitment for Municipal Water Service

Most of the land owned by the Partnership lacks municipal water service.  The City of Boiling Spring Lakes began to phase in municipal water service to certain portions of the development in 2004.  A significant portion of the costs of water distribution to land owned by the Partnership must be borne by the Partnership or by subsequent purchasers of the land.  In January 2011, the City of Boiling Spring Lakes completed an expansion of the municipal water system that began in 2009.  The cost of the expansion is to be borne by owners of land directly passed by new water mains by the payment of an assessment of $500 per lot plus a tap fee for a lot containing a dwelling.  The amount of the tap fee ranges from $860 to over $1,700, depending upon the size of the water connection to the dwelling.  The Partnership’s total assessment was determined to be $49,500 based upon a formula that allows adjoining lots to be aggregated into a group and counted as one lot for assessment purposes, and the Partnership capitalized $49,500 of assessments in 2009 by increasing the cost basis of the land affected.  Should the Partnership sell some, but not all, of the lots that were aggregated into a group, an additional assessment may have to be paid by the Partnership with respect to such lots at the time the sale of such lots is closed.  The Partnership has made no provision in the financial statements related to this contingent liability.

In August 2011, the Partnership was advised by the City of Boiling Spring Lakes that a surplus of cash in the water assessment fund will permit the city to stop collecting the per lot assessments in late 2011 or in 2012, and that, sometime thereafter, the city will refund to those who paid the assessment all or a portion of the cash surplus.  The Partnership cannot estimate the amount, if any, that may be refunded, and has made no provision in the financial statements related to this potential refund.


Commitment for Municipal Sewer Service

The land owned by the Partnership lacks municipal sewer service.  In May 2010, the City of Boiling Spring Lakes transferred ownership of the municipal water system to Brunswick County in exchange for the County’s construction of a wastewater collection system within a portion of Boiling Spring Lakes.  Brunswick County’s plans for the first phase of municipal sewer service involve sewer lines for the business district that runs along a stretch of State Road 87, the main road into and out of the development, including land owned by the Partnership.  A significant portion of the costs of the sewer lines for that land, and other land owned by the Partnership for which sewer lines may be placed in the future, must be borne by the Partnership or by subsequent purchasers of the land.  The Partnership believes that the first phase should be completed by the end of 2012.  At this time the Partnership has not been notified of the amount of any assessment relating to the sewer lines nor of the date when any such assessment will be due.  If any land subject to such assessment were to be sold prior to the Partnership being assessed, of which there can be no assurance, the selling price would likely be reduced by the anticipated amount of such assessment.  The Partnership has made no provision in the financial statements related to this contingent liability.

Environmental Matters

The Partnership is subject to various federal, state, and local laws, ordinances, and regulations regarding environmental matters.  The Partnership may be required to investigate and clean up hazardous or toxic substances or petroleum product releases on land currently or formerly owned by it, and may be liable to a governmental entity or to third parties for property damage and the cost of investigation, removal, and decontamination incurred by such parties.  The penalty may be imposed whether or not the Partnership was aware of, or responsible for, the hazardous or toxic substances, and the liability under such laws has been interpreted to be joint and several unless the harm is divisible and there is a reasonable basis for allocation of responsibility.  The cost of investigation, removal, and decontamination of substances could be substantial.  If such substances are found on the land currently owned by the Partnership, or there is a failure to properly remove or decontaminate the area, the property could be difficult to sell, rent, or develop.  Some environmental laws create a lien on a contaminated site in favor of the government for damages and costs it incurs in connection with such contamination.  The Partnership may be subject to common law claims by third parties based on damages and costs resulting from environmental contamination emanating from a site.  As of the date of this report, the Partnership is not aware of any environmental matters that would have a material effect on the financial statements and, accordingly, the Partnership has accrued no liabilities in these financial statements.  However, it is at least reasonably possible that such matters may exist at the date of this report, and the effect on the Partnership and these financial statements could be substantial.  The Partnership has made no provision in the financial statements related to this contingent liability.


Endangered / Protected Species

Portions of Boiling Spring Lakes and the surrounding area are known or believed to be the habitat of various species of flora and fauna which have been identified as endangered or protected species.  Development of the Partnership’s land is subject to various laws and regulations intended to limit disturbance of endangered and protected species.

The Red-cockaded Woodpecker (Picoides borealis ) is one endangered species known to inhabit portions of Boiling Spring Lakes.  During 2006, the U.S. Fish and Wildlife Service undertook certain initiatives to preserve the habitat of the endangered woodpecker, and for a portion of 2006 the City of Boiling Spring Lakes temporarily ceased issuing building permits altogether for land in the proximity of known or suspected nesting or foraging areas.  The Partnership believes that not more than approximately 200 acres, or approximately 24%, of the Partnership’s land may be affected by restrictions relating to the Red-cockaded Woodpecker, although the amount of land affected could increase under certain circumstances. Management believes that the Partnership’s land sales will continue to be reduced compared to prior years until the City of Boiling Spring Lakes has developed and implemented a conservation plan to protect the habitat of the Red-cockaded Woodpecker or until other means of addressing the concerns of the U.S. Fish and Wildlife Service can be implemented.

The Partnership has not made any representations or warranties to buyers of land as to the restrictions, if any, that may be imposed due to the Red-cockaded Woodpecker, to any other endangered or protected species, or to protected or endangered species generally.  Nevertheless, it is reasonably possible that one or more such buyers may seek compensation from the Partnership or seek rescission of their purchase of land from the Partnership, owing to the presence of protected or endangered species on or near the land or to restrictions on issuing building permits designed to preserve the habitat of protected or endangered species, preventing such buyer from utilizing the land in the manner intended.  If any litigation is instituted seeking compensation or rescission due to endangered and protected species, the Partnership believes that it would prevail on the merits, although no such assurances can be given, but the cost of defending such litigation could be substantial.  As of the date of this report, there is no pending litigation, and the Partnership is not aware of any potential claims or actions relating to these matters.  The Partnership has made no provision in the financial statements related to this contingent liability.


Water Level of Lakes

The Partnership believes that the lakes within the City of Boiling Spring Lakes are recreational and scenic attractions to potential buyers of land from the Partnership.  The Partnership’s ability to sell land at its asking prices would be adversely affected if the water level in the lakes were to be substantially below normal for any length of time.  Due to drought or near drought conditions for much of 2007, nearly all the lakes within the City of Boiling Spring Lakes had a water level substantially below normal.   These conditions resulted in a lowering of the water level, and sinkholes developed in the bed of Boiling Spring Lake, the largest lake in the community.  Remedial measures taken by the city solved the issue of the sinkholes; however, the lack of normal rainfall prevented the lakes, including Boiling Spring Lake, from returning to approximately normal levels for some time after the remedial measures were taken.  The water level of most of the lakes, including Boiling Spring Lake, has since returned to approximately normal.  Low water levels in the lakes could occur again in the future.  The Partnership has not made any representations or warranties to buyers of land as to the water level in the lakes or to any particular lake.  Nevertheless, it is reasonably possible that one or more of such buyers may seek compensation from the Partnership or seek rescission of their purchase of land from the Partnership, owing to the water level of the lakes or of a particular lake being substantially below normal, whether due to damage to the dam, protracted drought conditions or otherwise.  If any litigation is instituted seeking compensation or rescission, the Partnership believes that it would prevail on the merits, although no such assurances can be given, but the cost of defending such litigation could be substantial.  As of the date of this report, there is no pending litigation, and the Partnership is not aware of any potential claims or actions relating to these matters.  The Partnership has made no provision in the financial statements related to this contingent liability.

Building and Maintaining Roads

The Partnership is responsible for maintaining certain roads, most of which are unpaved, and certain road rights-of-way within the City of Boiling Spring Lakes. The Partnership may complete some or all of the roads, but there is no contractual obligation to do so.  The Partnership has not set aside any money or entered into any bond, escrow, or trust agreement to assure completion of the roads.  It may be difficult or impossible for the Partnership to sell lots located on uncompleted roads.  The City of Boiling Spring Lakes will not assume any road that is not paved with asphalt, and the City of Boiling Spring Lakes need not assume any paved road.  Accordingly, unless and until the Partnership completes a road and has it paved with asphalt, and the road has been assumed by the City of Boiling Spring Lakes, the Partnership will be responsible for maintaining such road and the right-of-way.  Since 2001, the Partnership has spent approximately $193,000 for rocking and paving roads.  The failure by the Partnership to provide proper maintenance of the roads and rights-of-way which have not been assumed by the City of Boiling Spring Lakes may subject the Partnership to substantially greater risk of litigation from persons adversely affected by such failure.  If such litigation were to be initiated, the Partnership believes that it would prevail, but that the cost of defending the case could be substantial, and should the Partnership not prevail, the cost of building any such road could be substantial.  The Partnership has made no provision in the financial statements related to this contingent liability.