Real Estate Attorney for Land Use Issues

July 26, 2019 — by John Conger
Tags: Real Estate Law Land Use

A fence between two residential propertiesThe law firm of Shore, McKinley, Conger & Jolley, LLP is here to help people in their time of legal need. Our Stockton, CA lawyers have assisted clients in the area with injury litigation as well as issues related to land use and zoning. In such complicated matters, it’s crucial that you have a skilled real estate lawyer on your side.

We’d like to take a moment to consider a few basic aspects of land use and real estate law. If you have issues related to zoning or certain structures or businesses in your neighborhood, our attorneys are here to listen and to offer legal counsel.

The Basics of Land Use and Zoning Laws

In the simplest of terms, land use and zoning laws help determine what kinds of buildings, development, and structures can be placed in certain areas of a neighborhood, town, or city.

Land use and zoning laws determine if a factory can be placed near an apartment complex, whether or not empty lots of lands can be used in a certain manner, who has the right to build or use the land, and regulations on types of buildings occupying an area.

There are numerous permits and approvals required in order for developers and property owners to comply with existing laws. Our attorneys can help make sure that the proper permits are filed and that the process flows as smoothly and quickly as possible for all parties involved. We can also help address safety and well-being issues that arise when certain kinds of properties are too close to one another.

Types of Zoning Categories

Zoning plays a major role in many land use disputes. There are different kinds of zoning designations. Four common ones include:

  • Residential Zoning - This type of zoning covers homes, condominiums, apartment buildings, trailer parks, and other properties that people live in.
  • Commercial Zoning - Commercial zoning covers businesses on a premises. This even includes vacant store fronts or land in which a business is not currently operating.
  • Industrial Zoning - Industrial zoning refers to manufacturing plants and some storage facilities. They’re generally located a safe distance from residential areas.
  • Mixed-Use Zoning - This allows for a building to contain different uses, such as a business on the street level of a building and residential apartments or condos on the floors above it.

There are many other categories and subcategories for zoning laws, but these cover four major types of zones from which disputes arise.

Disputes Over the Use of Land

A number of real estate and land use disputes arise over zoning categories and whether or not certain structures should be located in a given area. We noted how industrial spaces tend to be located away from residential zones, which is a common sense safety precaution that also takes noise pollution into account. Various environmental and agricultural considerations may also be made regarding the planned or current use of land.

Eminent Domain and Land Use Disputes

Eminent domain has come up in the news a fair amount in recent years, and this plays into a number of land use disputes.

Eminent domain refers to the right of state or federal government to seize private property for a public use (e.g., building a public school, a reservoir, or hospital), even when the property owner objects to the seizure. This is allowed so long as the property owner is justly composted for the land. Disputes over just compensation and whether or not the government has a claim to a person’s property (particularly a homeowner) requires the aid of skilled real estate attorneys such as the ones at our law firm.

Contact Our Team of Attorneys

If you require legal help over the use of land, zoning, and whether or not certain actions are permitted, be sure to contact our team of real estate and land use attorneys. You can reach the lawyers of Shore, McKinley, Conger & Jolley, LLP in Stockton and Walnut Creek by calling (209) 477-8171.