1.Unlike trespass, nuisance does not require tangible, physical invasion. This means odors andnoise could give rise to a nuisance claim, but not a trespass claim. X.Imminent DomainA.The Gov'ts 5th amendment power to take private property for public use in exchange for justcompensation.B.Explicit Takings: An act of governmental condemnation. C.Implicit or regulatory taking: Gov't regulation that, although not intended to be a taking, has the sameeffect. Private landowner argues that gov't regulation has economically wiped out his investment.1.Remedy for regulatory taking: Gov't must either:a.Compensate owner for the taking.b.Terminate the regulation and pay owner for damages that occurred while regulation was ineffect. XI.Zoning:A.Pursuant to its police powers, gov't may enact statutes to reasonably control land use. B.Variance: the principle means to achieve flexibility in zoning. Permission to depart from therequirements of a zoning ordinance. 1.Proponent of area variance must showa.undue hardship, andb.that granting variance won't work detriment to surrounding property values.2.Variance is granted or denied by a zoning board.C.Non-conforming use: A once lawful, existing use now deemed non-conforming by a new zoningordinance. 1.The non-conforming use cannot be eliminated all at once unless just compensation is paid;otherwise it could be deemed an unconstitutional taking.
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