Zoning Planning & Land Use Law in Kansas
The laws that regulate how land can be used, and what structures can be built on individual pieces of land in Eudora, Kansas can sometimes be a bit intricate. This article will not make its reader an expert, but should serve as a good introduction to the subject.
"Zoning" refers to a set of laws and regulations which state what use can be made of land in different parts of a city or county. Usually, localities are divided up into "zones," which are designated for specific categories of use, such as single-family residence, business, manufacturing, etc.
Local governments have several different reasons for enacting zoning laws, ranging from ensuring that residential areas are peaceful and quiet, to protecting property values. For example, most people wouldn't buy a home in a neighborhood where they knew it was possible for a neighbor to turn their house into a factory.
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 performed in a way that they don't conflict with the rights of adjacent landowners to use and enjoy their property in peace.
Possible Outcomes of Boundary and Title Disputes in Eudora, Kansas
Suppose you find that some condition on your land is in violation of Eudora, Kansas's zoning laws. In cases like this, you have quite a few options.
First, and perhaps most apparently, you can correct the violation. If the violation is relatively minor, and correcting it would not cost you much or be a substantial burden, this might be the best way to go.
But what happens if you've invested a large amount of effort and money into improving your land, and you later discover that you've committed some relatively minor zoning violation? You are generally entitled to seek what is known as a "variance" in these cases. A variance is simply when your local government makes a small exception to the zoning rules to accommodate a small violation that would be difficult to fix. A variance will typically be granted if the violation doesn't harm anyone, and enforcing Eudora, Kansas's zoning laws to the letter would not, in this case, advance their purposes.
You also have substantial protections if a zoning law changes, and you find that the land you've been living on for years is suddenly in violation of the new law. In general, zoning laws cannot apply to structures and uses which were built or commenced before the law was changed. Under the U.S. Constitution, it's not permissible for state or local governments to pass laws which have retroactive effect. You should know, however, that any future changes you make to your property will have to comply with the new zoning law.
What Can A Eudora, Kansas Attorney Do?
If you find yourself facing zoning or other land use issues, it's crucial to have good legal advice. A knowledgeable Eudora, Kansas attorney will help you work within the law to ensure that you are as free as possible to make the use of your land that you want.