Zoning Planning & Land Use Law in Texas
Dallas County, 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.
Local governments will usually divide the city or town into sections, called "zones," each of which is designated for a specific use, such as residential homes, commercial businesses, agriculture, manufacturing, etc. This process is known as "zoning."
Zoning serves several different purposes - but it its major one is to increase or preserve property values by ensuring that conflicting uses don't result in legal disputes. Obviously, if you bought a house in a residential neighborhood, and your neighbor could just convert his property into a steel mill, your property's value as a residential lot would decrease significantly.
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 feasible by helping it prevent costly nuisance lawsuits.
Possible Outcomes of Boundary and Title Disputes in Dallas County, Texas
You have quite a few options if you find that a planned or prevailing use of your property breaks Dallas County, Texas's zoning regulations.
Initially, and perhaps most obviously, you can correct the violation. If the violation is comparatively 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 instance, 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 Dallas County, 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 certain 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.
You also have significant 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 Dallas County, Texas Attorney Do?
If you are in the early stages of a major construction or remodeling project on your property, particularly 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 reputable Dallas County, Texas real estate attorney will greatly improve one's chances.