Land Use, Zoning and Planning Lawyers in Albany, New York
In Albany, New York, there are laws which determine what can and can't be done on given parcels of land. These laws get pretty involved sometimes, and aren't always very accessible to laypersons. This article should serve as a good overview of these laws.
Localities typically divide their jurisdictions into segments, referred to as "zones," on which particular types of use are permitted. For example, one area of a town might be zoned for residential use, a nearby one for commercial use, and areas on the outskirts zoned for industrial use. This practice is called "zoning."
The purpose of zoning is to preserve property values, and make towns and cities more livable. For example, without zoning laws, a company might be able to buy a vacant lot next to your house and build a noisy, smelly, dirty factory on it.
Zoning also serves the interests of industry, as well as residents. By ensuring that there are places where heavy industry can take place, well-planned zoning regulations will ensure that industrialists are free to practice their trade, and that residents will not be disturbed by those activities, which makes industry more efficient by helping it avoid costly nuisance lawsuits.
What if My Property Violates Albany, New York's Zoning Laws?
You have quite a few options if you find that a planned or current use of your property violates Albany, New York's zoning regulations.
First, and perhaps most obviously, you can correct the violation. If the violation is relatively minor, and correcting it would not cost you much or be a significant burden, this might be the best way to go.
However, it isn't always practical or affordable to correct a minor violation of a zoning law. For example, suppose you have just spent a large amount of money and effort remodeling a house to turn it into your dream home. You thought you were in total compliance with local zoning laws when you did this, but find out that there is some small, technical violation of Albany, New York's zoning laws. In these cases, you have recourse in the form of a variance. You are entitled to petition the local zoning board to grant you a variance, which is an official decision not to apply a particular provision of a zoning law to a single violation. These aren't always granted, but generally have to be granted if the violation doesn't interfere with anyone else's use of their property, and doesn't thwart the purposes of local zoning laws.
Further, if you have been living on your property for a long time, and made improvements on it that complied with the zoning laws in effect at the time, a new zoning law that would be violated by your current use of your property, the new law cannot be enforced against you. The U.S. Constitution bars the passage of "ex post facto," or retroactive, laws. Once the laws take effect, however, you'll have to comply with the new zoning laws with respect to any new improvements you want to make on your property.
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How Can a Albany, New York Attorney Help?
If you want to make improvements to your property, apply for a variance, or contest a zoning regulation as being applied to you retroactively, you have a right to do so, including some constitutional protections. However, your chances of prevailing in a zoning dispute will be markedly improved if you hire an experienced Albany, New York real estate attorney to help.
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Life in Albany
Albany is the capital city of New York State, and the county seat of Albany County. Albany, New York is a medium-sized city, boasting a population of just under 100,000 people.In 1908, Albany, New York opened one of the first commercial airports in the world, which served as a precursor to the Albany International Airport, which officially opened in 1920, and has been in continuous use since them.
Also, Albany, New York has a rich arts scene, with several renowned artists calling it home, along with some successful galleries. At the beginning of the spring season, Albany hosts an annual tulip festival, a popular regional event.
Albany is also a diverse city, with residents from a wide range of backgrounds. Albany's thriving artistic community, at least in part, owes its existence to this diversity.
New York is home to several nationally-renowned law schools, including New York University, and Columbia University, as well as some less-known law schools, which are very well-respected locally. Because of this, there is no shortage of Albany, New York lawyers.
Whatever legal problem you might have, it's likely that you can find a competent Albany, New York lawyer, at a fair price.
