Govt Land Use Regulation

Question 1

Govt Land Use regulation - zoning - Gral

Answer 1

• Used regulate property use and control development

- From Police Power - validity if reasonably related

Question 2

Types of land use regs (4)

Answer 2

1) Zoning Ordinance
2) Non-conforming use
3) Variance
4) Zone Change

Question 3

Zoning Ordinance - Types (2)

Answer 3

• Cumulative: sets “highest” possible density use and allow all “lowers”.
• Non cumulative: Allows for only 1 use.

Question 4

Non-conforming use - Gral

Answer 4

• legal when built/established not meeting current zoning code
• allowed by being “grandfathered” when continuous

Question 5

Non-conforming use - Limitations (2)

Answer 5

1) Use not substantially changed/expanded to other non-conforming use - intensification might be permitted
2) If abandoned - grandfather period not renewable (bc not continuous)

Question 6

Non-conforming use - Sanction for violation (2)

Answer 6

• Injunction

- Fine

Question 7

Variance - Gral

Answer 7

• Specific allowed deviation from zoning restriction

- Avoid illegal “spot zoning”

Question 8

Variance- Reqs

Answer 8

1) Special circumstances
2) Unique hardship
3) Not unreasonably interfere w/neighbors and/or gral character of neighborhood

Question 9

Zone Changes - Types

Answer 9

1) Rezoning: when conditions substantially changed for the entire zone
2) Downzoning: Change to lower use/density
3) Spot zoning: change for singled out parcel/group of parcels inconsistent with character of gral surrounding area

Question 10

Spot zoning - Illegal when:

Answer 10

Grants discriminatory benefit to one owner to the detriment of the other

Question 11

5th amendment Takings - Gral

Answer 11

• May occur when zoning eliminates/ severely restricts all viable economic use (full/parcial)
• Use of tests

Question 12

5th amendment Takings - Tests (3)

Answer 12

1) Balancing Test: private hardship vs public benefit. Compensation = amount of value reduction
2) Harm Test: Reg to prevent subtantial harm to the public - no taking/no compensation
3) Economic Loss Test: Restriction prevents owner from getting reasonable return on investment as to destroy its economic value - just compensation

Question 13

14th amendment - Substantive DP

Answer 13

Issue of notice: actual to neighbors / publication-posting can be enough

Question 14

14th amendment - Equal Protection

Answer 14

When zoning affects poor/minority communities

Question 15

Nuisance - gral

Answer 15

• Unreasonable interference with use/enjoyment of person’s property
• Reasonable person standard
• Interference: significant + substantial with safety/peace/comfort when using property OR violation of statute

Question 16

Nuisance - Types (2)

Answer 16

• Public: public’s right to enjoy facilities

- Private: affect individual right . Court balances utility of activity vs severity of dx suffered by complaining party

Question 17

Nuisance - Standing to sue under public nuisance

Answer 17

Individual to show injury that is unique and not shared by the general public

Question 18

Nuisance - Defenses

Answer 18

1) “Come to nuisance”
2) Conformity with land regs and zoning
3) Use is reasonable