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.

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Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)

Overview

The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), codified in 42 U.S.C. Chapter 103, is a large piece of legislation passed in 1980 that gives the Environmental Protection Agency (EPA) the ability to...

condemn

Condemn in the legal sense refers to when a government exercises its eminent domain powers to seize private property for public use. Both local/state governments and the Federal Government have the authority to condemn property.

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condemnation

Condemnation in the legal sense refers to when a government exercises its eminent domain powers to seize private property for public use. Both local/state governments and the Federal Government have the authority to condemn property.

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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...

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...

contiguous

Contiguous means connected or “next to”. This term is usually used to refer to adjoining pieces of real estate. It means land adjoining or touching by a common corner or a common boundary line. It includes land having common ownership but...

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...

contract zoning

Contract zoning is making a deal with a governing body to be granted exemptions to a zoning code. It was originally considered illegal, but the concept has evolved into two versions.

The first is legitimate conditional use...

covenant

A covenant is a formal agreement or promise, usually included in a contract or deed, to do or not do a particular act. Covenants are particularly relevant in the fields of contract law and property law.

An example of a contractual...

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