Pros And Cons Of Zoning Laws And Laws

In 1969, Massachusetts fashioned the law 40B, famously referred to as the “Anti-Snob Zoning Act”, which allows developers to bypass land use restrictions in towns where less than ten percent of the housing meets the state definition of affordable. There are multiple positions and solutions to friction in Massachusetts largely inspired by controversy surrounding the State's affordable housing law, Massachusetts General Laws chapter 40B between housing advocates and open space advocates. This thesis reviews and critiques the current law, and diagnoses various legislative proposals for the progressive feud.

Freedom of municipal law, when pertaining to the state government, has its pros and cons. One pro is the lack of necessary for the state to review every policy that the city makes. Another is that the cities could work on ways to solve their own problems and allow more of the community’s voices to be heard. A corresponding con is the lack of connection between the cities and states that could further lead to a misuse of power. Also, if the cities feel that there is little to no authority acting over them, they could become power hungry and try to push policies that their communities disagree with.

Amongst topics of conversation regarding eminent domain, one will find regulatory usage of land, seizing of land for public use, and the most controversial of late, the seizing of land from a private owner and giving it to a more economically beneficial, often politically connected private owner. Kelo v New London (US 2005), has prompted dozens of proposals to reform eminent domain practices legislatively. Most of these proposals would restrict the use of eminent domain to transfer property from one private individual to another. It is one thing to have a city claim property to further the development of the city by building roads, schools, etc. It is another thing altogether for the government to seize a property so as to gain money from higher taxation. For many years, however, courts have read the public-use restraint broadly, enabling governments to take property from one owner, often small and powerless, and transfer it to another, often large and politically connected, all in the name of economic development, urban renewal, or job creation.

“Racial tension became paramount as city officials promoted and perpetuated racial division by supporting segregation and discrimination in housing, employment, and social services” (Massey & Denton 39). Various types of residential controls contributed to the problem of residential segregation. One such tool for segregation was the establishment of zoning. Zoning was introduced in New York City in 1916 and encouraged by the U.S. Department of Commerce through the publication of the Standard State Zoning Enabling Act in 1922. Zoning proponents argued:

Many of the housing uses zoning power delegated by government officials to assure that certain races such as blacks don’t move into their neighborhood. Zoning power is regulating the use of land by state governments and local governments to exercise authority over privately owned real

The Iowa City Zoning Code was designed to be developed together with the Iowa City Comprehensive Plan; the goal is to stimulate the progress of a better quality of life for the population. Moreover, the regulations cover the provisions of the law for land use control in Iowa City. The document regulates the land use authorization for each of the zones and details the specific areas outlined in Iowa City. There are many land use area in the Iowa City Zoning Ordinance, as shown in Map 1 (Appendix C). However, this document will cover the use of residential land and will explain three of them: the Low-Density Single-Family Residential Zone (RS-5), Medium Density Multi-Family Residential Zone (RM-20), and Neighborhood Stabilization Residential

This section helped to learn more about zoning by-law and how the construction in the city is under control.

First, rezoning action is quasi-judicial in nature, subject to strict scrutiny on certiorari review. Second, a landowner who demonstrates that proposed use of the property is consistent with comprehensive plan is not presumptively entitled to such use. Third, a landowner seeking to rezone a property has burden of proving that proposal is consistent with the comprehensive plan, and consequently burden shifts to the zoning board to demonstrate legitimate public purpose of maintaining existing zoning classification. Finally, the board is not

Residents who live in neighborhoods that are undergoing gentrification are either directly or indirectly displaced to ensure that only residents who are approved by those with power live in these neighborhoods. Politicians and people of power or affluence use coded laws to achieve and enforce their desired segregation of a neighborhood. Aoki describes these laws as “this spatial segregation of

Would you be okay with the government taking your house and relocating you even if it meant that you got compensated for the sacrifice you are doing. This is known as eminent domain. What is eminent domain policy to be more specific? This is most often used with land property. Some that have never seen it in action will not fully understand how it truly works. Here is an example to help clarify. A highway is being made through a portion of a town and one person or family is refusing to sell their land/home. Eminent domain gives the government the right to forcibly remove the owner and cease their land even if the land owner doesn’t agree to it. The government then will, even in this case, provide compensation for the land that it takes in the

The municipal law must be a general, it must be more than just an advice, and it must not be dependent by will of an individual. Both the willing and the unwilling must follow the law. It is a human free will. It is not an agreement; it must establish the bases of authority. However, acting and free will differentiate. We must not act but free-will and opinion to say anything must be allowed. It is therefore, limited and gives us certain rights to community to allow some possible speech. The law is not something that not found from the state but it applies to everyone. It must be made public and presented to the public ahead of time and the rules have to come from a supreme

By considering if the industrial use is a nuisance in a residential area, the court reaffirmed the zoning ordinance was created to establish how land uses should be grouped and organized to protect the community from future nuisances.

The country not only seizes private property for the land, but also for water. In the city of Laurinburg, North Carolina, the city wants to use eminent domain to take a farmer’s water supply and give it to a clutch factory. The city wants to pay the farmer $12,000 for three parcels of land. According to the farmer, the land could produce crops worth $200,000 a year. The county then wants to construct wells to support the FCC America LLA, suck out all of the water, but only pay for three small well sites. This is a classic case of the United States government using eminent domain, to benefit private industries (Jennings). Some states are implementing laws to help protect land owners from eminent domain.

When new development or renovations on empty lots begin the citizens of the communities start asking amount them who will be the beneficiary of the gentrification. Even the displaced of mom and pop businesses are disappear. And the neighborhood no longer can afford to leave on such communities. The question is how does gentrification impact the government? Well, government plays a big role in serving low income to citizens. It create apartment that an affordable to them. It doesn’t impact the government on a negative way because they generate new policies and programs that help the people from the community. So, many types of local and states polices are design to accommodate affordable houses, even though the cost are increasing. One of the several program that the government had is one called “inclusionary zoning” (IZ). The characteristics for this program are: “(1) whether they are mandatory or voluntary, (2) what size or type of development projects are affected, (3) the required share of affordable units, (4) the

Acting in good faith telling buyers all known conditions of the property would be in the best interest of the real estate owner to avoid legal ramifications. That way a buyer would have the option of choosing if they want to purchase property where a murder took place instead of being misled by the seller. From the legal perspective a murder that happens in a home do not constitute a material defect under the real estate law. However, the stigma associated with property where a horrible crime has taken place does lower the market value of that property. For this reason state laws mandate certain disclosures requirements to encourage sellers of real estate to comply with disclosure requirements to help buyers in evaluating the property that’s