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Land use and municipal zoning: some key considerations

| May 13, 2019 | Real Estate Transactions |

Connecticut real estate issues pose both challenges and opportunities for parties ranging broadly from homeowners to commercial developers. Relevant subject matter across a truly wide realm might readily come to mind for many readers of our business law blog at Berdon, Young & Margolis in New Haven.

Financing, leasing, regulatory compliance, property-linked covenants, eminent domain, title search/insurance – all these things and more can command instant relevance in a given real estate transaction.

And we highlight on our website an additional matter, too, that can come to the forefront of concerns in a select transaction. Namely, that is an individual’s or commercial entity’s need to consider and adequately respond to governmental land-use requirements.

That most often means zoning, which has been a tool employed by municipalities nationally for over a century to regulate a community’s look and future development. An in-depth online overview of land use parameters and constraints stresses that, “The rationale behind zoning is that it promotes the good of the entire community in accordance with a comprehensive plan.”

That is an unquestionably laudable goal, but some inherent subjectivity creeps into any assessment of the public good. Some individuals and business entities have no problem complying with all aspects of zoning dictates and restrictions that govern their transactions. Others chafe under them, and seek variances or other compromises. And sometimes litigation that is grounded in a governmental challenge ensues.

Land use and zoning matters affecting property transactions can be – indeed, often are – complex and even confusing, as well as arguably unfair. Questions or concerns can be directed to a legal team with a demonstrated record of client advocacy in this singular legal sphere.