land use & zoning law

takings

Overview

A taking is when the government seizes private property for public use.

A taking can come in two forms. The taking may be physical, which means that the government literally takes the property from its owner). Or the taking may be...

temporary receivership

Temporary receivership is a remedy in which the court appoints a person to temporarily manage a piece of property that is in the defendant's possession. This remedy is available only when the plaintiff is asserting an equity claim in which...

tenement

Tenement most often is used to refer to property involved in an easement. The property benefiting from the easement is called the dominant tenement, and the property granting the easement is called the servient tenement.

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variance

A variance is an officially granted exception to a zoning ordinance. Such exceptions may be granted on a case-by-case basis for some persuasive reason shown. See: real property

A variance is also the difference between two...

vertical privity

In business law, vertical privity is the relationship between companies in a distribution chain (e.g. a manufacturer and a distributor). Those in vertical privity are jointly liable for product defects in the vertical chain.

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view ordinance

View ordinance are laws designed to protect a property's view from obstructions. Such ordinances may encompass and regulate a variety of property features, but commonly address trees and vegetation. View ordinances can also be enforced to...

Village of Euclid v. Ambler Realty (1926)

Village of Euclid v. Ambler Realty Co., 272 U.S. 365 (1926), is a U.S. Supreme Court case in which the court held that a zoning ordinance can be a valid exercise of a state's police powers. The Supreme Court raised the bar for declaring a...

voluntary waste

Voluntary waste, also referred to as affirmative waste, refers to overt and willful acts of destruction performed by a tenant or life tenant that leads to the drop in value of a piece of property by harming the property or depleting natural...

zoning

Zoning is a legislative act dividing a jurisdiction's land into sections and regulating different land uses in each section in accordance with a zoning ordinance. While zoning was originally conceived to protect industrial use of land, today...

zoning ordinance

A zoning ordinance is a municipal law that outlines permitted uses for various sections of land. Thus, some lands may be dedicated to industrial use, while others may be set aside for residential or commercial use only. A zoning ordinance may...

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