land use & zoning law

City of Clinton v. Cedar Rapids and Missouri Railroad Company (1868)

City of Clinton v. Cedar Rapids and Missouri Railroad Company, 24 Iowa 455 (1868), was a case decided by the Supreme Court of Iowa. The case dealt with issues related to municipal powers, the rights of railroad companies, and the legal...

civil case

A civil case is a private, non-criminal lawsuit, usually involving private property rights, including respecting rights stated under the Constitution or under federal or state law. For example, lawsuits involving breach of contract, probate,...

coming to the nuisance

Coming to the nuisance refers to a legal doctrine which prevents a party from claiming nuisance if said nuisance was present, and the party knew of that nuisance before they acquired the property subject to the nuisance.

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Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)

Overview

The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), codified in 42 U.S.C. Chapter 103, is a large piece of legislation passed in 1980 that gives the Environmental Protection Agency (EPA) the ability to...

condemn

Condemn in the legal sense refers to when a government exercises its eminent domain powers to seize private property for public use. Both local/state governments and the Federal Government have the authority to condemn property.

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condemnation

Condemnation in the legal sense refers to when a government exercises its eminent domain powers to seize private property for public use. Both local/state governments and the Federal Government have the authority to condemn property.

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condemnation action

A condemnation action is a lawsuit where a government is exercising eminent domain to procure private property for some public use or benefit. In the action, a court will determine how much the procuring government must compensate the private...

conditional use zoning

Conditional use zoning (sometimes referred to as contingent use zoning) is a controversial type of zoning where the government authority uses negotiation with property owners when rezoning. Most states allow some types of conditional use...

contiguous

Contiguous means connected or “next to”. This term is usually used to refer to adjoining pieces of real estate. It means land adjoining or touching by a common corner or a common boundary line. It includes land having common ownership but...

continuing trespass

Continuing trespass broadly can refer to any recurring infringement of another person’s rights. While sometimes trespass is used in this broad sense, continued trespass in the modern context generally refers to trespass onto the land or...

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