Category: Property Law

Property Law #38: Regulatory Takings and Nuisance II

In our last episode for Property, we look a bit more at the question of regulation and the “denominator problem”, as well as looking at a third categorical rule. This rule is that regulations that de-value property into inutility are always a taking, unless justified by background principles of common law nuisance.

Penn Central Transportation Company v. City of New York
Lucas v. South Carolina Coastal Council

Property Law #36: Just Compensation and Physical Invasions

In this episode we discuss (albeit briefly) some of the questions to keep in mind when trying to determine what “just compensation” is or should be. We will also begin looking at the question of when has a taking actually taken place, examining a categorical rule involving permanent physical occupations.

Riggs v. Township of Long Beach
Loretto v. Teleprompter Manhattan CATV Corp.

Property Law #33: Zoning III

In our third episode on zoning, we move to variances and special exceptions. Variances are when the zoning code is not strictly applied to avoid undue hardship, while a special exception is when a use is generally allowable, but requires sign-off from the zoning board.

Commons v. Westwood Zoning Board of Adjustment
Cope v. Inhabitants of the Town of Brunswick

Property Law #32: Zoning II

We continue our discussion of zoning by focusing on the noncomforming use. A noncomforming use is one that was legal before a zoning ordinance took effect, but is now outside of the appropriate zone. The concept of amortization (giving a deadline for shutting down the noncomforming use, after reasonable recoupment of investment) is also discussed.

PA Northwestern Distributers, Inc. v. Zoning Hearing Board