Part 5- Property, Chapter 24: Real Property, Doc 7 - Edubirdie

University:
Indiana University Bloomington
Course:
Financial and Managerial Accounting: Information for Decisions - John J. Wild
Academic year:

2024
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255

Pages:

1
Author:

bratrochanter

In Kelo v. City of New London, the Supreme Court upheld the use of eminent domain for economic development, reinforcing the interpretation of "public use" as inclusive of broader "public purpose." This decision affirms that local governments can take private property, compensate the owners, and transfer it to other private parties if the transfer supports a comprehensive plan aimed at public economic benefits, such as job creation and increased tax revenue. The Court reasoned that economic revitalization is consistent with historical understandings of public welfare, similar to uses like agriculture or industry. It dismissed concerns about creating a “bright-line rule” prohibiting economic development takings, emphasizing deference to legislative judgments on public needs. The ruling allows for flexibility but notes that states can impose stricter criteria on eminent domain. Zoning and Land Use Regulation Zoning ordinances, derived from states’ police powers, regulate land use to protect public health, safety, and welfare. These ordinances establish zones for different uses (e.g., residential, commercial, industrial) and impose restrictions such as building setbacks, height limits, and population density caps. They also often include aesthetic guidelines to preserve community character and may regulate subdivision developments to ensure compliance with standards like lot size and infrastructure.   Variances and Amendments: Property owners can seek exceptions (variances) if ordinances create hardship, or petition for amendments that align with the general zoning plan. Such changes can cause conflicts with neighboring property owners invested in current zoning conditions. Challenges to Zoning: Zoning laws have faced constitutional challenges, especially when they impose restrictions that intersect with fundamental rights, as seen in cases regulating adult entertainment. Courts typically balance the government’s regulatory interests with individual rights, as seen in City of Renton v. Playtime Theatres, Inc.. Nonconforming Uses Existing land uses that predate new zoning ordinances are generally allowed to continue, though ordinances may phase out such uses over time. Zoning adjustments are thus prospective, applying mainly to new developments or changes in use. This broad approach to zoning underscores the role of local governments in managing community growth and land use while respecting individual property rights within the scope of public interest.

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