EMINENT DOMAIN and ZONING Flashcards
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
or
2) terminate the regulation and pay the owner for damages that occurred while it was in effect.
Define zoning.
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:
- Undue Hardship.
- 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.
You are a developer seeking permission to build a 200- unit residential development in the town of Utopia. The town tells you that it will grant you the requisite permit if you agree to provide several new streetlights, a small park and wider roads. To pass constitutional scrutiny, these exactions must be what?
be reasonably related both in nature and scope to the impact of the proposed development otherwise they are unconstitutional.
