land use authority

Question 1

zoning power

Answer 1

local gov can separate land into separate zoning districts

Question 2

zoning decision presumption

Answer 2

presumed reasonable and valid

Question 3

zoning creation

Answer 3

start with comprehension plan and review every 5 years

Question 4

how is the zoning enforced?

Answer 4

through local zoning administrator

Question 5

what if you want to appeal zoning?

Answer 5

go to the board of zoning appeals

they give decision q/n 30 days

if you appeal BZA to circuit court, standard is plainly wrong

Question 6

what could the BZA grant you?

Answer 6

variance

special use permit

Question 7

what is a variance? What must you show to get one?

Answer 7

exception to the ordinance

undue hardship + not detrimental to others’ property

Question 8

what is a special use permit?

Answer 8

allow you to use land in certain way in a certain zoning district

Question 9

what do I do if i want to create a subdivision?

Answer 9

submit subdivision plot

local gov then enacts subdivision ordinance w/n 60 days

Question 10

what do I do if i want to appeal local gov decision on my subdivision plot?

Answer 10

go to circuit court w/n 60 days of decision

Question 11

what do i do if i want to build a home or business?

Answer 11

building permit

Question 12

what do i do if they change zoning laws during the middle of construction?

Answer 12

I need to get my rights vested

Question 13

how to get rights vested?

Answer 13

obtain significant affirmative gov act

rely in good faith on this act

incurred substantial expenses

Question 14

ways for local gov to eminent domain you

Answer 14

take title

physical invasion

condemn

Question 15

eminent domain

Answer 15

local gov takes private land for public use for just compensation

Question 16

public use?

Answer 16

public possession, ownership, occupation, and enjoyment of public

elimination of blight

construction and operation of public facilities managed by public corp

Question 17

how much can gov take?

Answer 17

only what is needed to achieve stated public purpose

Question 18

can local gov ever take for private gain?

Answer 18

NEVER

job creation, private BA, increate tax revenue, eco development

Question 19

just compensation?

Answer 19

FMV at time of taking

Question 20

how is the property value assessed to determine just compensation?

Answer 20

assess under current zoning laws but not current use

Question 21

when does the local gov need to make a bona fide offer to purchase the land first before going through ED proceedings?

Answer 21

owned by individual

owner unknown

disabled owner

Question 22

what if the owner rejects the local gov’s offer to buy?

Answer 22

go to circuit court where property located and file ED proceeding

Question 23

what are the limits for cities and towns disposing land?

Answer 23

CANNOT sell rights to public places, water, or electric w/o 3/4 vote from board

Question 24

what are the limits for cities and towns leasing public property?

Answer 24

CANNOT grant for period longer than 40 years

60 years for air rights