Skip to main content

land use & zoning law

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. 

Taxonomy upgrade extras

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 party, and then the government will use the property to build a hospital, school, park, power facility, railroad, or another public benefit. 

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 zoning, but often, conditional use zoning will be overturned by courts as functionally an illegal attempt at contract zoning.

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 property of another repetitiously or without ever ceasing.

Subscribe to land use & zoning law