Land Use, Zoning and Planning Lawyers in Midland, Texas
Midland, Texas has laws which govern how individual parcels of land can be used, and how they cannot. These rules aren't always simple, and this article should serve as an introduction to some of the most common issues that homeowners might face, though it is not meant to turn a layperson into an expert.
Municipal governments which practice zoning typically follow a similar scheme: the town or city is divided up into "zones," or areas in which particular types of use are permitted. For example, the downtown area might be zoned for commercial and office use, and perhaps for large, multi-unit apartment buildings. The surrounding areas will typically be zoned for residential and small-scale commercial use, and the outskirts zoned for manufacturing and other heavy industry.
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.
On the other hand, zoning laws recognize and attempt to accommodate the necessity of factories and other industrial activities. They simply seek to ensure that such activities are conducted in a way that they don't conflict with the rights of adjacent landowners to use and enjoy their property in peace.
What if My Property Violates Midland, Texas's Zoning Laws?
You have quite a few options if you find that a planned or current use of your property violates Midland, Texas's zoning regulations.
It should be clear, however, that the ideal solution is to simply fix any condition on your property which is in violation of a local zoning law. If the violation is not serious, and correcting it won't significantly interfere with your use of your property, this is probably the best course of action.
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 Midland, Texas'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 Midland, Texas Attorney Help?
If you are in the early stages of a major construction or remodeling project on your property, especially if it is in a residential area (where zoning laws tend to be most restrictive), you are likely to encounter one zoning law issue or another. Of course, having read this article, you should now be aware that you have rights when it comes to contesting a zoning law as applied to you. While such contests do not always come out on the side of the landowner, the assistance of a good Midland, Texas real estate attorney will greatly improve one's chances.
There are 59 Real Estate, Housing & Property Law cases posted in Midland
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Life in Midland
Midland is located in Midland County, Texas. It is located in Texas's Southern Plains region. Some of Midland falls into Marin County. As of the 2010 census, Midland has a population of 111,147 people.Top employers that drive the economy include Warren Equipment Companies, the Midland Independent School District, the Midland Memorial Hospital and Medical Center, Dawson Geophysical, Midland College, Patterson Drilling UTI, AT&T Wireless, and Key Energy Services. Midland is also home to many law offices and small firms that practice in various legal practices. Thus, residents and businesses of Midland can rest assure because any and every legal need of theirs can be easily handled by Midland's legal force.
Famous residents include Michael Arden, Kahty Baker, Cedric Benson, Raymond Benson, Barbara Bush, Jeb Bush, Jenna Bush, Mike Conaway, Leeon D. Davis, Don Evans, Kenn George, Tommy Franks, Spud Webb, Larry L. King, and Eileen Wilks.
