Land Use, Zoning and Your Property Rights
Local governments zone land into various categories, such as residential, commercial, industrial, agricultural and historic. Governments regulate the ways land can be developed and used in each category or zone.
Zoning for the Greater Good
The idea of zoning is to promote the greater good of the community by locating similar activities near one another. Zoning also allows development to progress according to well-defined guidelines articulated in broader regional and statewide land use plans.
Governments cannot be unreasonable or arbitrary in their zoning regulations. The restrictions must be related to the public health, safety, comfort, morals or general welfare.
A Property Owner's Options
If you are a property owner who is in a dispute over a land use or zoning issue, you have several options:
- Request a variance: You can petition the land use and zoning board to make an exception to its rule in your case. This is the most common approach to zoning problems. Your chances of success are enhanced if you are represented by a lawyer experienced in land use and zoning issues.
- Challenge the ordinance or its application in your case: If you believe the zoning ordinance itself is unlawful, you can, with the help of an attorney, file a lawsuit to challenge the regulation itself. You can also sue to show that regulation was misapplied in your specific case.
Overly zealous land use and zoning regulations can impinge on property owners' constitutional rights. In some cases, they amount to a regulatory taking of a property.
To learn more about how the lawyers of Fair Compensation can help you in land use and zoning disputes, please contact us. From offices in the Madison, Milwaukee and Superior areas, we represent clients throughout the Midwest and nationwide. Call toll free 866-550-7311.
