1 unlike trespass nuisance does not require tangible

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1. Unlike trespass, nuisance does not require tangible, physical invasion. This means odors and noise could give rise to a nuisance claim, but not a trespass claim. X. Imminent Domain A. The Gov'ts 5th amendment power to take private property for public use in exchange for just compensation. 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 same effect. 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 in effect. 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 the requirements of a zoning ordinance. 1. Proponent of area variance must show a. undue hardship, and b. 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 zoning ordinance. 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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  • Fall '18
  • Robert Strouse
  • Leasehold estate, Deed

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