What You Should Know About Land Use Law

Posted by jackeric on December 24th, 2015

Summary: California land use lawyers describe the fine balance between protecting property rights endowed by the Constitution and retaining healthy environmental ecosystems.
Body: If you are living in the United States, you have the right to the protections of local land use laws and the protections of the United States Constitution. Land use laws are set up to protect both property owners and the environment. You may wonder why land use laws were set up in the first instance. In this piece, you will learn about this and more.
Land use laws in the United States were adopted to provide property owners with the protection of their investment in property, whether it be residential, commercial, or industrial by nature. An example of this can be seen in a recent case tried by Sacramento land use lawyers entitled Lockaway v. County of Alameda. Here, the plaintiff had purchased a large parcel of land to develop his own business –the American dream if you will. Conditional Use Permits were processed by the County providing the necessary governmental permission to build and start the business. Work began on the project. Months and years later, once several hundred thousand dollars had spent, the project came to a screeching halt. In a local green initiative, voters had passed an environmental measure which rezoned all land within the project making the entire parcel off limits for business use. Sacramento land use lawyers filed an injunction for the business owner which restored the right to continue the project and planned business on the parcel. In this instance, it is evident why Constitutional property rights are paramount for a free and civilized society. Had the business owner spent several hundred thousand dollars with nothing to show for it, he would have been robbed of the right to reasonably expect a return on his investment –a gross injustice. Were this injustice perpetrated on multiple business owners, we could likely expect our nation’s economy to spiral downward as no business owner would choose to make such risky investments. However, thanks to the Constitution and established case law, business owners continue to invest and grow the national economy as they are assured the government cannot take property without adequately compensating its owner.
Alternatively, land use and natural resource laws preclude development which might harm the environment ensuring resources are protected. Planners, contractors, and individuals are required to get the proper permits from regulatory agencies before any building project can be started. This, in part, mitigates harmful impacts to the environment creating a safe habitat for humans, flora, and fauna.
Wetlands are an example of habitats protected by land use and natural resource law. The laws are able to protect, maintain and conserve wetlands prohibiting the destruction or disturbance of wetlands throughout the country. Often when developing near a wetland, additional regulations apply to ensure the habitat remains undisturbed.

In both of these instances, judges are tasked with determining the delicate balance between preserving citizens’ Constitutional property rights and protecting nature. However, the team of Sacramento land use lawyers at Kassouni Law realizes frivolous charges have also accompanied natural resource and land use laws which are often used as a means to preclude owners from developing. They recognize property owners are entitled to compensation if an owner’s right to reasonable use of land is taken away by the government. In order to protect yourself in matters of this nature, you may consider a consultation with the California land use lawyers at Kassouni Law by calling 877-770-7379.
The land use lawyers at Kassouni Law personally tried the Lockaway case. They serve clients throughout the state to of California to ensure the Constitutional property rights of citizens are upheld, and when it comes to protecting the environment, that burden is not unfairly shouldered by one individual.

To know more information, visit the website - www.kassounilaw.com