A Proposal To Amend The Michigan Zoning Enabling Act To Allow Amortization Of Nonconforming Uses
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Author | : Michael Anthony Lawrence |
Publisher | : |
Total Pages | : 0 |
Release | : 2008 |
Genre | : |
ISBN | : |
This article suggests that the Michigan legislature should amend the Michigan Zoning Enabling Act in order to explicitly allow state and local government to amortize nonconforming property uses under limited circumstances. While the current prohibition on amortization protects individual rights and is thus laudable as a liberty-friendly law, it goes too far by categorically refusing to give any account for the public interest. A revised statute allowing amortization, but only when the government satisfies a substantial burden to demonstrate its reasonableness, including a showing that the property to be amortized can be put to reasonable alternate use, would properly recognize important (albeit competing) individual and collective interests. The article concludes, moreover, after examining the prohibition's statutory history and Michigan Supreme Court precedent, that the Michigan Court would have strong basis to uphold such a statutory revision.
Author | : |
Publisher | : |
Total Pages | : 1316 |
Release | : 1998 |
Genre | : Law |
ISBN | : |
Author | : Scribner Houston Sheafor |
Publisher | : |
Total Pages | : 214 |
Release | : 1967 |
Genre | : City planning |
ISBN | : |
Author | : Michigan. Office of Land Use. Zoning Advisory Committee |
Publisher | : |
Total Pages | : 153 |
Release | : 1975 |
Genre | : Land subdivision |
ISBN | : |
Author | : Michigan. Department of Natural Resources. Office of Land Use. Zoning Advisory Committee |
Publisher | : |
Total Pages | : 75 |
Release | : 1975 |
Genre | : Land subdivision |
ISBN | : |
Author | : Michael D. Kaplowitz |
Publisher | : Routledge |
Total Pages | : 305 |
Release | : 2004-08-02 |
Genre | : Business & Economics |
ISBN | : 1135697159 |
This book explores how discussions of environmental policy increasingly require scholars and practitioners to integrate legal-economic analyses of property rights issues. An excellent array of contributors have come together for the first time to produce this magnificent book.
Author | : Michigan |
Publisher | : |
Total Pages | : 56 |
Release | : 1960 |
Genre | : Regional planning |
ISBN | : |
Author | : Michigan |
Publisher | : |
Total Pages | : 32 |
Release | : 1961 |
Genre | : Zoning law |
ISBN | : |
Author | : Osborne M. Reynolds |
Publisher | : West Academic Publishing |
Total Pages | : 1200 |
Release | : 2001 |
Genre | : Law |
ISBN | : |
This Hornbook provides an overview of the operations and the interrelationships of the various levels of government in the United States, with emphasis on local units. The text first discusses local government units and examines the forms of government within these units. The relationship of local governments to state and federal governments is inspected. Additional coverage includes local units and their power, the limitations on those powers, the forms local legislative action may take, and the means for holding local governments liable.
Author | : Daniel A. Schultz |
Publisher | : |
Total Pages | : 322 |
Release | : 1976 |
Genre | : Zoning law |
ISBN | : |