Zoning, Planning And Land Use Legal Questions

I am in Michigan and cannot help you.   You need to find an Ohio real estate attorney who specializes in cell tower law. The Ohio or Cleveland Bar Associations might be able to refer you to someone.   make sure you have the latest research on tower emissions and make sure your attorney considers the visual impact of the tower on your property - shade etc. sorry I cannot do more, good luck!  ... Read More

You refer to an easement over land.  I am guessing that is a road right of way but I suppose it could be a utillity easement.  The holder of the right of way or easement may have the right to cut down trees, but cut trees, as well as naturally fallen trees within an easement will belong to the property owner, not easement holder, unless the easement otherwise provides.  (An easement might, for example, require the easement holder to remove any trees or branches it cuts down.) A road commission or easement holder may tell you that you can remove the trees, or at least that it does not object, but it may not have the authority to give that permission.  In my opinion, in most cases the trees belong to the land owner, even if within an easement.  Most land owners would welcome your removing them but some will want to keep the dead trees for their own use or natural decay.   ... Read More

Often you can get a county to relinquish unused or maintained land like this simply by asking and buying it for a small fee.  There is a legal mechanism called "adverse possession" that allows you to take property that has been been possessed for a period of time against the orriginal owner in a manner that is "open, notorious, and hostile". In Missouri, you must do this for a period of ten or more years to qualify. However, depending on the state and jurisdiction this may be difficult, if not impossible, to claim against any governmental entity. I would therefore attempt to procure the land in the direct way of contacting the current owner (presumably the county) of the land and attempting to purchase it.  When purchasing land from a governmental entity they will always attempt to sell the land at "market value". The benefit a lawyer can bring to a transaction like this is to argue down the market value cost. E.G. an acre of land in your county may go for an average of, say, $2000 where you live, and the state may claim that their are of roadway should be valued at that, or higher, due to improvements. A lawyer would be able to go in and argue that is unreasonable due to the abandoned condition of the roadway, innaccessibility, unfitness for any other use, or a myriad of other reasons. Prior to engaging a lawyer, you should do a cost benefit analysis. If the plot of land you're looking to acquire is worth less than what you will likely spend on an attorney then there is no sense in hiring one. The goal is to spend less on the lawyer than you will benefit in savings. ... Read More

You may be out of time to file this litigation.  There is something called the Statute of Limitations that bars claims that are too old.  It begins when you knew, or should have known about the issue.  If there was some reason you did not know there was an issue until just recently, or something else that bars the Statute, then you may still be able to bring a claim. ... Read More

Unless you can prove that your neighbor planted the trees to intentionally invade your property, or the trees are in danger of falling down because they're diseased, you can't force her to remove them. You can cut any branches, limbs or roots from your neighbor's tree that grow on, in or overhang your property, at your own expense- period. If in the course of your renovation you feel the temptation to "accidentally" damage the trees to the point they must be cut down, by invading your neighbor's property, don't do it. The law provides for triple damages against a person who unlawfully removes a tree by entering the property of another person, and the burden is on the person who removed the tree to prove they were authorized to do so. ... Read More

You should call the board secretary and ask if there are any lawyers that appear before the board on a regular basis.  You probably want to hire someone that the board is familiar with, and has a certain level of trust and respect for.  If the board secretary won't tell you, often the minutes of the meeting can be found online and you can scan through and see the lawyers that are appearing before the board. ... Read More

First you should determine if that use is allowed in the zone in which the property is located.  If it is, then you have to get the proper permits to do the renovation work if any is necessary and get approval for rental.  If it is not permitted in the zone, you will first have to get zoning approval, which is more difficult, because you will need a use variance.  ... Read More

When looking for a land use attorney, I always find it helpful to find the person tat appears most often in front of the Board of Adjustment or Planning Board.  That attorney will be familiar with all of the town officials, know how those officials like to have things done, and will be able to give you the best advice.  Many times you can look on line at the minutes of the meetings, and see what attorneys are appearing.  Find one whose name comes up frequently, and call that attorney.  If you are asking about a town in Ocean County, call my office and I may be able to assist you. ... Read More

In all likelihood, the day care facility did not purchase these lots without being assured that the property could be used for parking.  Before you go to much trouble,  I would first confirm these lots' current zoning and whether or not they have already been approved for the parking and/or a zoning change.  If they arn't zoned for parking, and havn't already been approved for a zoning change, then practically speaking you would need to contact the councilperson (or police juror - I"m not sure where you live) and express your concern.   Generally speaking, your local councilperson/policy juror will consider your concerns.  The more voters opposed to the zoning change/parking lot, the better your chances of preventing it from happening.  Gather your neighbors and start emailing, calling, and writing letters about your opposition.   Also, any zoning changes must have a public hearing for which surrounding neighbors must get notice.  I don't know if you are within the required distance to receive notice, but call your local government and find out if it is slated for a public hearing, and what part of the process it is in.  You would most definately want to attend the public hearing before the zoning board to let them know of your opposition.  This zoning board makes recommendation to the coucnil (policy jury). Good luck, Julie Quinn ... Read More

You can always appeal the decision of the Board to the Superior Court.  You can file a complaint in the Superior Court alleging that the decision was not proper and seek to have it overturned.  You need to consult with a land use attorney and review the transcript and informaiton presented to the board to determine if you have a viable case.... Read More

You should contact the code enforcement officer in the town you live and demand that the construction be stopped until the proper permits are issued. Some work does not require permits, but that's usually just interior work.  If a store is being bilt, zoning a building department permission is required. ... Read More

If enough owners are upset you could get signatures for a recall election to overthrow the board and replace with candidates who will not approve the tower. The other option is to look into the controlling documents to assess whether or not the Board is over stepping its authority to enter into this contract.   Good Luck!... Read More

You should probably look for a land use lawyer who can try to force the municipal government to do what is necessary and clean up the property.  Many times the municipality will cite a property for not being in compliance with the code requiring the grass to be cut, or trash on the property and then if the homeowner does not clean it up, the town cleans it up and charges the home owner.  If the homeowner does not pay, they put a lien against the property.  you want a land use lawyer who will tell the town this is their responsibility. ... Read More