Property - Zoning

Front 1

What is eminent domain?

Back 1

Power of the gov't to seize private property for puglic use, upon payment of just compensation.

Front 2

What is just compensation - in the eminent domain context?

Back 2

fmv of the property seized - amount a buyer and seller w/ agree upon - m/ reflect the most profitable possible use for the land, regarldess of the use intended for it.

Front 3

What is a taking?

Back 3

Any interruption in the ordinary use and enjoyment of property - need only be partial and temporary to qualify

Front 4

If the gov't takes/destroys the land during a war to prevent the enemy from getting it, can the owner claim eminent domain?

Back 4

No, wartime is a special case where losses are non-compensable due to the fortunes of war.

Front 5

Are noise and vibration, which c/ destroy property, recoverable under eminent domain?

Back 5

Yes, considered a taking by modern cours, entitled to compensation to the extent of the damages.

Front 6

What is zoning?

Back 6

Means of land regulation via the enactment of statutes designed to protec the health, safety, morals or welfare of hte public - based on state's police power.

Front 7

When does a zoning ordinance constitute a taking of land w/o just compensation?

Back 7

Reasonable return test - if the resturction is so burdensome that the L c/n recover a reasonable return on his investment in the rpoperty or makes the land econimcally worthless, theres been a taking.
Balancing test - weigh the private hardship created by the restriction against the public benefits it creates - if private is greater, there is a taking.
Prevention of harm test - desinged to prevent harm to the public c/never constitute a taking since considered a noncompensable exercise of police power; if it designed to benefit the public, it is a taking.

Front 8

What is a nonconforming use?

Back 8

Use that violates a zoning ordiance but it existed before the ordinance came into effect.
As long as it d/n endanger health or safety, it m/b allowed to continue until the L has enough time to amortize his investment, its only the existing use that c/ continue.
If destroyed, c/n rebuild nonconforming use - m/ comply with zoning ordinance.

Front 9

What is a variance?

Back 9

Adminstrative action allowing a property owner to avoid the restrictions of a zoning ordinance.
A variance s/b granted if:
1. it is unreasonable economically to use the land only for zoned purpose;
2. unique circumstances of the property owner, not shared by general neighborhood conditions make the zoning unreasonable;
3. essential character of the neighborhood w/n change if the variance is granted.

Front 10

What is Euclidean zoning?

Back 10

City is separated into regions that are zoned into use districts - typically residential, commercial or industrial.
Most common zoning.

Front 11

What is spot zoning?

Back 11

Occurs when a single parcel of land is restricted in use in a way inconsistent with its surroundings. ILLEGAL unless it has a justification as part of a comprehensive plan to serve the general welfare of the public.

Front 12

How does subdivision regulation differ from zoning regulation?

Back 12

Zoning addresses the USES to which land m/b put.
Subdivision focuses on the specifics of land development for residential pruposes - developer files a subdiv map with appropriate gov't agency, indicating lots into which the vacant land w/b subdiv. As long as subdiv has adequate design and the developer dedicates land or pays fees for gov't services that the subdiv w/ require, subdiv is proper and capable of approval.

Front 13

How do aesthetic ordinances affect zoning? (city full of popsicle stick homes and you want an eskimo pie home)

Back 13

If basis of ordininance is aesthetic, ordinance maintains a consistent complexion of the neighborhood and is upheld. C/n have a discriminatory intent or they w/ constitute an Equal Protection violation.

Front 14

Can zoning ordinances prohibit unrelated people from living together?

Back 14

Yes, furthers goals like preventing overcrowding, whereas a zoning ordinance c/n probihit family members (blood or marriage) from living together.