Flashcards in EMINENT DOMAIN and ZONING Deck (15):
Define eminent domain.
Government’s fifth ammendment power to take private property for in exchange for just compensation.
What is an express condemnation?
An act. of governmental condemnation
Example: government condemns your land to make way for a public highway
What are implicit or regulatory takings?
a governmental regulation that, although not
intended to be a taking, has the same effect.
You buy land in North Carolina for development. Three months later, the government imposes a ban on all development.
What is this? What do you have to argue?
An implicit or regulatory taking.
you argue that the regulation is an implicit taking. It has worked an economic wipe-out of your investment.
What are the 2 remedies for an implicit or regulatory taking?
1) compensate the owner for the fair market value at the time of the taking
2) terminate the regulation and pay the owner for damages that occurred while it was in effect.
Pursuant to its police powers, government may enact statutes to reasonably control land use.
What is a variance?
The principal means to achieve flexibility in zoning.
How do you acquire a variance? What 2 things do you need to show?
The proponent must show:
1. Undue Hardship.
2. That the variance won't decrease neighboring property values.
What type of action grants a variance? Who grants or denies a variance?
Administrative action. Typically granted by a zoning board).
What is a non-conforming use?
A once lawful, existing use now deemed non-conforming by a new zoning ordinance.
Can a non-conforming use be eliminated with the new zoning law?
It cannot be eliminated all at once
What does the government have to do to legally eliminate all at once the non-conforming use with the new zoning law?
Pay just compensation
What if a non-conforming use is eliminated with the new zoning law all at once?
it could be deemed an unconstitutional taking if just compensation is not paid.
What is an exaction?
Exactions are those amenities government seeks in exchange for granting permission to build.