Land Use

Question 1

What are the two different types of zoning?

Answer 1

1. cumulative: different uses in one area
2. mutually exclusive: one type per zone

Question 2

What steps must a developer take to get a nonconforming property grandfathered in?

Answer 2

1. Have proper permits at the time an ordinance takes effect
2. Demonstrate project was in progress

Question 3

Explain zoning variance

Answer 3

Use variance: obtain rights to use property in manner not permitted by zoning

Area variance: restrictions concerning property development

Question 4

What must a person applying for a variance show when applying?

Answer 4

1.Compliance would create unnecessary hardship
2. Hardship arises from circumstances unique to the property
3. Owner did not create hardship
4. Variance is in keeping with the overall ordinance
5. Variance will not cause substantial harm to general welfare

Question 5

Private nuisance: interference with what?

Answer 5

Use and enjoyment of another’s property

Question 6

Substantial nuisance is what?

Answer 6

offensive, inconvenient, or annoying to an average person in the community

Question 7

Public nuisance: unreasonable interference with what?

Answer 7

health, safety, or community property rights

Question 8

Under the public nuisance doctrine, a private part must show….

Answer 8

They suffered a different kind of harm than the rest of the community

Question 9

The typical remedy for nuisance is what?

Answer 9

Damages or injunctive relief

Question 10

What is the approach to water rights where landowners who border a waterway own the rights to the waterway?

Answer 10

Riparian rights

(depends on whether the landowner is located near the water)

Question 11

What is the standard for the sharing of riparian rights?

Answer 11

reasonable use of water – one riparian is liable to another for interferences with the other’s use

Question 12

What is the “first in time, first in right” approach to water rights?

Answer 12

Prior appropriation

Question 13

What is the standard for the sharing of prior appropriation rights?

Answer 13

User must put the water to beneficial use.

Question 14

True or false: a neighboring landowner cannot excavate so as to cause a cave on an adjacent owner’s land

Answer 14

True

If neighbor’s structure contributed to cave in - negligence

If neighbor did not contribute to cave in - strict liability

Question 15

True or false: Above ground landowners must comply with underground landowner’s activities

Answer 15

False. Surface land owners have the right not to have their land subside from activities of owners of underground rights