Land use controls

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5 Terms

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eminent domain

the governments power to take private land for public use (condemnation)

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inverse condemnation

The governments takes private property but fails to compensate the owner; property owners are forced to file suit to obtain compensation. The taking may be physical through occupation, or regulatory, where government regulations cause the property to lose economic value

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escheat

the states power to take the property of a decedent who dies without a will, heirs, or creditors

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special use permit

allows a use that’s not normally permitted but is considered an “allowable” use within that zoning, such as a church within a residentially zoned area

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variance (use variance)

permitted deviation in the zoning ordinance requirements; typically granted when the zoning has created a hardship or burden on the property owner. Both special use permits and variances require a public hearing before they’re granted