what is property and zoning attorney

Full Answer

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 do land use laws do quizlet?

Power held by state to legislate for the purpose of preserving the public health, safety, morals, and general welfare of the people of the state. Localities have the authority to adopt comprehensive plans and zoning/land use regulations, derived from state's police power.

What must a homeowner apply for if they want to build something on their property that does not comply with the local zoning ordinances?

The only legal way for homeowners to undertake a renovation that breaks with zoning codes is to get a variance, or waiver of the rules. Generally, homeowners can do this by filing an application with the local zoning board, which will set a hearing on the request.

What is it called when a small area of land in an existing neighborhood is singled out and placed in a different zone from that of neighboring property?

Spot zoning ensues when a smallish area of land or section in an existing neighborhood is singled out and placed in a separate zone from that of neighboring property.

What are the primary objectives of a land use plan quizlet?

What are the primary objective/s of a land use plan? the process of planning for land use by a locality to allocate certain kinds of structures in certain areas.

What is the purpose of the Subdivided Lands Law?

The Subdivided Lands Act is a consumer protection statute primarily intended to ensure adequate disclosures are made. The Subdivided Lands Act regulates public offerings of land in subdivisions for sale or lease and is interpreted and enforced by the California Department of Real Estate.

What are the responsibilities of local government in regard to land use infrastructure and environment quizlet?

3. Infrastructure, and especially transportation, are key responsibilities of local governments. 4. Water service, sewage, and sanitation are maintained by local governments.

What are the primary objective s of a land use plan?

Decrease the presence of incompatible land uses. Protect and enhance the quality of the County's natural environment and conserve natural resources. Promote beneficial economic growth, development and re-development. Facilitate orderly new growth, where appropriate, during the planning horizon.

When to contact a zoning attorney?

Another time to contact your attorney is before you initiate legal action to enforce zoning or another ordinance. The zoning administrator or enforcement officer should first attempt to resolve ordinance violations by communicating with the property owner or occupant to achieve voluntary compliance. Involving your attorney should come ...

When to call a municipal attorney?

The most obvious time to call your municipal attorney without delay is when you receive notice of a lawsuit or any formal dispute resolution process, such as arbitration or mediation. The clock begins ticking on the deadline to respond or take other action in defense of a lawsuit as soon as a summons and complaint is served.

What is a municipal charter?

A municipal charter or policy may affect the representation, including who can authorize the expense. Most important, the attorney you call must be competent, communicate effectively, and have sufficient experience in municipal law, specifically planning and zoning .

What are land use and zoning laws?

Land use and zoning laws are the state and local regulations that govern what you can build, how you can build it and what that property can be used for. Land use and zoning laws will vary from city to city, county to county and state to state and apply to both residential and commercial property. For example, in a residential neighborhood of single family homes you wouldn't want a skyscraper built next door. A land use and zoning attorney will resolve permitting issues, navigate land use ordinances, form real estate development contracts and litigate disputes.

What is a land use attorney?

A land use and zoning attorney will resolve permitting issues, navigate land use ordinances, form real estate development contracts and litigate disputes.

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.

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 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 a seizure of property?

Taking: A seizure of private property or a substantial deprivation of the right to its free use or enjoyment, caused by government action, often via eminent domain.

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.