Archive: Zoning

  • An Act Granting the Authority of Rural Counties to Transition to Decentralized Land Use Regulation March 15, 2013

    (A) Findings and Purpose. The Legislature finds that the planning and zoning authority granted to rural counties may encourage land use regulation which is overly centralized, intrusive and politicized. The Legislature further finds that rural counties, local elected officials and their citizens may reasonably prefer transitioning to a system of decentralized land use regulation based on restrictive covenants and the common law of private nuisance. Accordingly, the Legislature herewith intends to grant rural counties the legal authority to abandon their planning and zoning authority in order to transition to decentralized land use regulation consisting of restrictive covenants and the common law of private nuisance. (B) Legal Authority. Any […]

  • Wireless Communications Tower Siting Act March 15, 2013

    Wireless Communications Tower Siting Act Summary These laws are enacted for the purpose of:  ensuring (1) the safe and efficient integration of facilities necessary for the provision of broadband and other advanced wireless communications services throughout the community and (2) the ready availability of reliable wireless service to the public and government agencies and first responders, with the intention of furthering the public safety and general welfare.  The intent of this legislation is not to limit or preempt the scope of a zoning authority’s review of applications for siting of wireless facilities or wireless support structures. Model Legislation BE IT […]

  • Property Investment Protection Act March 15, 2013

    Summary This act protects against the diminution of the value of a private home or other property investment when government action is taken to serve a public purpose by making changes in a property’s land use or zoning status. Model Legislation Section I. This act shall be known as the Property Investment Protection Act Section II. If any action by a [CITY, COUNTY, JURISDICTION, OR REGULATORY AUTHORITY OF THE STATE] to change the land use or zoning status of real property causes a reduction in the use or exchange value of that property, the property is considered to have been taken […]