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Land Use Law Report

 

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Takings law, condemnation cases, zoning decisions, and more-inside!

The field of land use is rife with legal pitfalls. Whether you're a planner, developer, zoning board official, environmental consultant, lender, or other professional involved in pursuing land development, success at your job depends on a savvy understanding of today's land use litigation environment.

That's why we at Land Use Law Report work diligently to bring you: the latest interpretations of takings law, legal precedent for condemnation cases, real-world strategies for zoning decisions-and so much more!-every month.

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  • Zoning / Variance: Property's Peculiar Characteristics Not Enough To Justify Zoning Variance

    Monday, February 08, 2016

    Facts: When the Town of Fairfield, Connecticut adopted its zoning ordinance, the property located at the corner of Post Road and Sanford Road did not meet the new setback requirements--that is, that a building in the business district zone be set back 10 feet from the street and rear property line. The building on the Post Road/Sanford Road property extends to both streets and

  • Takings: In Florida Rails-To-Trails Cases, Deed Language Controls

    Monday, February 08, 2016

    Background: Since Congress enacted the National Trails System Act Amendments of 1983 (Trails Act), many miles of abandoned railroad track have been removed and replaced with recreational trails that are open to the public. Takings claims often arise because of the way the railroads originally acquired these land corridors. Although some corridors were acquired through eminent domain

  • Nuisance / Undesirable Land Use: Noisy Airboats Can Be Nuisance Even When Rule-Abiding

    Monday, February 08, 2016

    Facts: Wayne L. Neidlinger, doing business asCaptain Fred’s Airboat Nature Tours (Captain Fred’s), operates commercial airboat tours on Lake Hamilton in Florida. These tours generate noise levels up to 100-110 decibels when the airboats come within 1,500 feet of the shoreline. People live along the shore of Lake Hamilton, and almost 400 of the residents

  • Nuisance / Negligence: Sewer Gas Nuisance Case Pared Down By Notice Requirement

    Monday, February 08, 2016

    Facts: Raymond Kerr owns a house in the City of South Bend, Indiana, about two miles from an ethanol plant. Kerr’s house is attached to a main sewer line via a lateral sewer line. The City owns and maintains the main sewer line, and Kerr owns and maintains the lateral sewer line. In 2001, a member of Kerr’s household complained to the

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