What happens when a developer files for a building permit or submits a subdivision application — and the local government then changes its ordinance in a way that would prohibit the project as proposed? A look at the complex issue of “vested rights.”
Land Use Law
An understanding of basic land use law principles is essential to the job of the planner — and planning commissioner.
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With the start of an economic recovery in much of the country, developers in many communities face the question of how to restart projects that have lied fallow or failed as a result of the great recession. A look at some of the legal issues involved.
Do you know it when you see it? A look at how to spot “spot zoning” situations, and consideration of the importance of the comprehensive plan in evaluating spot zoning.
If your community wants a more flexible approach to nonconformities, there are several ways to accommodate them, as Mark White discusses in the second part of his article.
Attorney and planner Mark White provides an overview of how communities can best deal with nonconforming uses, in the first of a two-part article.
Attorney Alan C. Weinstein provides an overview of how to avoid violating Open Meetings laws — including situations that are particularly troublesome: meetings in executive session, site-visits, “informal” meetings with staff, and electronic communications.
An introduction to the goals and structure of open meeting laws — including a look at the key question: what constitutes a “meeting”?
One of the most remarkable aspects of Oregon planning law is the “urban growth boundary” (UGB). A look at how it works.
We were excited to learn that one of the top land use lawyers in America, Dwight Merriam, and his colleague, Evan Seeman, have just started a blog dealing with RLUIPA, the Religious Land Use and Institutionalized Persons Act.
Recent legal developments have again put a spotlight on exclusionary zoning practices.
By the early 20th century, newly adopted land use zoning controls not only physically separated industrial, commercial, and residential zones, but also by distinguished between single-family and multi-family residential zones. It was not until 1970s that the movement toward inclusionary housing began to emerge.
The Supreme Court decision of the 20th century that had the greatest impact on planned community development was the 1926 Euclid v. Ambler ruling. It opened the door for communities across the country to engage in zoning and use it as the primary tool for plan implementation.
Planning historian Laurence C. Gerckens, FAICP, provides a short overview of key American “takings” law cases.