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Chapter 50 - Environmental Law and Land Use Controls

Chapter 50 - Environmental Law and Land Use Controls - a...

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Chapter 50 – Environmental Law and Land Use Controls I. Land Use Controls a. Restrictive Covenants in Private Contracts i. Covenants in a deed by which the grantee agrees to refrain from doing specified acts 1. Binds buyers who had actual notice or knowledge of the restrictions in the covenant is valid a. Notice comes from notation in the deed about the covenants i. “Run with the land” 1. All owners are subject to them and all owners in that development have the right to stop another owner from violating the covenant b. Public Zoning i. Zoning: 1. Restrictions imposed by government on the use of designated land to ensure an orderly physical development of the regulated area
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Unformatted text preview: a. Same as restrictive covenants but with a different authority ii. Nonconforming Use: 1. When the use of land is in conflict with a zoning ordinance at the time the ordinance goes into effect a. Has the constitutionally protected right to continue, but if the nonconforming use is discontinued, it cannot be resumed b. Right to nonconforming use can also be lost by abandonment iii. Variance: 1. Administrative agency charged with the enforcement of a zoning ordinance may grant a variance a. Permission of a landowner to use the land in a specified manner that is inconsistent with the zoning ordinance...
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