what do you do as a land use attorney

• Helping you understand zoning challenges. An attorney can help you look into zoning ordinances for the area, allowing you to determine if your lot is zoned for residential development, commercial ...
• Helping you to research the history of the property. An attorney can help look into the history of the land, including determining if other developers have attempted to build on ...
• Helping you to find restrictions on the lot. A real estate attorney can assist when it comes to ordering a plat of survey and discovering any easements or other restrictions ...
• Helping to clear title on the property. Title searches and insurance aren’t just for homes. ...
• Helping to handle recordkeeping, documentation, and financial disbursements.

Full Answer

Why do I need a land use lawyer?

Reasons to hire a real estate attorney even if it's optional

• You're an out-of-town buyer.
• You're buying a property that is a short sale or bank-owned.
• You're buying a property that is part of an estate sale.
• You're buying a commercial property.
• You're buying a property that could potentially have some structural issues.

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What does a land use attorney do?

Land use attorneys represent the interests of government regulators, wilderness preservation groups and corporate developers or disposal companies. They practice law as it relates to property rights, urban development and access to natural resources by advising clients, participating in legal conferences and advocating before government agencies.

Do I need a lawyer to purchase land?

Some experts, however, believe you should always hire a real estate attorney, no matter the circumstances. “It is an added level of protection for both sides in covering the seller and buyer for...

What is a land use attorney?

“Facebook has, for over a decade, built an Artificial Intelligence empire on the backs of Texans by deceiving them while capturing their most intimate data, thereby putting their well-being, safety, and security at risk,” the lawsuit says.

Which is an example of a land use law?

Land use and zoning law is the regulation of the use and development of public and private real estate. Zoning is the most common form of land-use regulation, used by municipalities to control local property development. Other legal issues pertaining to land use include easements, trespassing, and eminent domain.

What is a land use matter?

Land use matter means (a) any request to a City elective officer for a Planning Code or Zoning Map amendment, or (b) any application for an entitlement that requires a discretionary determination at a public hearing before a City board or commission. “Land Use Matter” shall not include discretionary review hearings.

What are the four types of zoning?

There are four major types of land use zoning:Functional zoning. The most prevalent form of zoning where land use zones are defined according to their function, such as commercial, residential, or industrial. ... Form-based zoning. ... Intensity zoning. ... Incentive zoning.

What is zoning law?

Definition. A municipal law that outlines permitted uses for various sections of land. Thus, some parts of a city may be dedicated to industrial use, while others may be set aside for residential or commercial use only. A zoning ordinance may also regulate building height or restrict sound.

What is land use law?

Land use attorneys represent the interests of government regulators, wilderness preservation groups and corporate developers or disposal companies. They practice law as it relates to property rights, urban development and access to natural resources by advising clients, participating in legal conferences and advocating before government agencies.

What is a land use specialization?

Generally, specialized certification requires professional practice, continuing education and peer review to maintain your credentials. To prepare for a land use specialization, you may wish to pursue specialized certificate programs or Master of Laws (L.L.M.) degree programs in environmental law, natural resources, real estate or urban planning.

What is the job of an environmental law enforcement officer?

Federal environmental law enforcement agency seeks chief to oversee staff of attorneys and legal support staff to bring civil judicial action in defense of regulations including the Clean Air Act, Clean Water Act and Superfund laws. To qualify you must possess J.D. degree and experience managing enforcement of environmental laws and regulations.

What are the laws that land use lawyers are responsible for?

Environmental and land use lawyers also provide advice on matters that arise under federal laws such as the Clean Air Act, Clean Water Act, National Environmental Quality Act, Endangered Species Act, Marine Mammal Act, and Migratory Bird Act, as well as similar state laws. They also help prepare environmental impact statements.

What are the legal issues that an attorney can help with?

Attorneys who practice in this area provide legal advice on matters such as air and water quality, pollution, oil spills, emissions, pesticides, asbestos, wetlands, waste, toxins, hazardous substances, environmental cleanup, landfills, zoning laws, and the protection of animals and their habitats.

What is the most prevalent form of land use regulation in the United States?

Local Regulation: The most prevalent form of land use regulation in the United States is at the county and local level pursuant to authorization by the state. Every state has some form of enabling and delegating power to regulate land to local communities. This is most commonly seen in the state allocation of local budgets.

Does the federal government regulate land use?

The federal government does not engage in zoning or other direct forms of land use regulation except on land that it owns. The federal government does indirectly influence state and local regulation through its allocation of money.

What are the legal issues pertaining to land use?

Other legal issues pertaining to land use include easements, trespassing, and eminent domain . Zoning regulations typically divide a municipality (such as a city) into residential, commercial, and industrial zones.

What is land use and zoning?

Land use and zoning law is the regulation of the use and development of public and private real estate. Zoning is the most common form of land-use regulation, used by municipalities to control local property development. Other legal issues pertaining to land use include easements, trespassing, and eminent domain.

What is an easement in a property?

An easement is a limited, non-ownership interest in another party's property. For instance, one party may obtain an easement to gain legal access to their neighbor's driveway if that is the only way to access their house. When the government seizes property to build a freeway or a park, for instance, it invokes eminent domain law. The government entity must give the property owner fair compensation. The crime of trespassing occurs when an individual enters another's property without consent.

What is zoning law?

Thus, zoning laws are intended to maintain a level of order and efficiency within a municipality, while keeping each zone optimized for its intended purpose. For example, zoning laws reassure home owners that a factory or department store will not open across the street.

Who to work with when challenging eminent domain?

Depending on the land use issue, you may want to work with an attorney who practices real estate or municipal law. If you are challenging an eminent domain claim by the city, your attorney may take a close look at the municipality's "public use" claim to make sure it's valid.

What is implied easement?

Implied Easement: An easement that is created by operation of law when an owner severs property into two parcels in such a way that an already existing, obvious, and continuous use of one parcel (as for access) is necessary for the reasonable enjoyment of the other parcel.

What is an environmental lawyer?

An Environmental attorney handles legal matters that pertain to the earth and its natural resources. Environmental attorneys interpret and provide advice on many different kinds of federal, state and local laws that deal with the environment. Environmental laws address oil spills, pollution, air and water quality, emissions, pesticides, groundwater, land use, land development, zoning issues, asbestos, wetlands, waste, landfills, and the protection of animals and their habitats. Major federal laws that an Environmental attorney might encounter are the Clean Air Act, the Clean Water Act, the National Environmental Quality Act, the Endangered Special Act, the Marine Mammal Act, and the Migratory Bird Act.

What does a candidate do in environmental compliance?

The candidate will provide advice and counsel regarding environmental compliance and risk mitigation. Develop and implement compliance programs. Draft and negotiate contracts. Represent clients in enforcement actions and administrative proceedings.

What is land use attorney?

A land use attorney deals with many types of land use issues related to real estate development, including: Navigating contracts for construction projects is challenging. A land use attorney helps clients navigate the entire process to get the proper permits and meet all regulations and requirements. A land use attorney must understand real estate ...

Why do real estate agents hire land use attorneys?

Most real estate agencies employ land use attorneys to avoid legal conflicts that can arise while selling a home. Construction companies also hire land use attorneys to file permits and other paperwork for construction sites.

What is land use law?

A land use attorney deals with many different types of law, including real estate, environmental and administrative law, constitutional law, public policy and politics, and more. There are many types of law jobs and legal projects a land use attorney can take on, including securing building permits, protecting the environment, and more.

Who can help with zoning?

Property developers, homeowners, and business owners alike can benefit from hiring a land use attorney. They can assist clients in challenging zoning regulations, procuring permits, and gathering all the information needed for remodeling or constructing a home or business.

Definition of Land Use and Zoning Laws

Terms to Know

Working with An Attorney For Land Use Or Zoning Issues

• Depending on the land use issue, you may want to work with an attorney who practices real estate or municipal law. If you are challenging an eminent domain claim by the city, your attorney may take a close look at the municipality's "public use" claim to make sure it's valid. If you are looking for a new location for your company's headquarters, yo...

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