Roughly five out of every six Americans live in an urban area, and this percentage will likely grow in the coming years. As metropolitan regions develop, competing interests are at play. Governmental authorities have an interest in controlling the pace and scope of development while encouraging economic activity and providing housing for residents.

Landowners are in the middle of this calculus. They do not have an unlimited right to build whatever they want on their land. However, they also need an incentive to purchase and own property, promote development, and preserve the local real estate market. Land use law attempts to balance those interests, but its purpose is to place some restrictions on the rights of property owners.

If you own or are considering purchasing property, you should know all the applicable land use laws. You may not have the ability to build what you want because the law may limit some of your efforts. Few things about land use laws are absolute, but the one constant is that you always have the legal right to due process. A land use lawyer can help you handle this complex legal system while advocating for your rights.

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Why Land Use Laws Exist

One of the primary reasons land use laws exist is to protect the environment. Natural resources are finite, and future generations will need them. Land use regulations help prevent the destruction of ecosystems and preserve critical habitats. They also promote sustainable development practices, such as using renewable energy, reducing pollution, and conserving water resources. By adhering to these regulations, individuals and businesses can contribute to a greener and more sustainable future.

Land use laws also maintain a community’s health and safety. They establish zoning regulations that separate residential, commercial, and industrial areas to ensure compatibility of land uses. For example, a residential neighborhood may benefit from having schools, parks, and other amenities nearby while avoiding the pollution and noise generated by industrial activities. These regulations also address public health concerns, promoting infrastructure development such as sidewalks, parks, and sewage systems.

Moreover, land use laws play a significant role in protecting property values. When people misuse land in a way that does not align with the surrounding properties, it can negatively impact the value and desirability of neighboring properties. Regulations help maintain the character and integrity of a community, ensuring that people use properties in a manner that enhances their value.

Land use laws operate from the perspective that some properties can harm the general public or nearby property owners. Land usage may sicken the overall public or reduce property values. The state often takes action to protect the public and preserve property value. In some cases, these laws can impact individual property owners and keep them from using their land however they want.

Drawbacks of Land Use Laws

Land use laws may restrict certain types of buildings in an area. Even though many people view development negatively, it also has numerous benefits for the public. First, there needs to be an adequate housing supply in the area. Otherwise, rents and property values may change, forcing people from their homes or out of the market. If land use laws are too restrictive, they may cause housing shortages in a particular area, and longtime residents may have to leave their homes.

In addition, economic development can help lift entire areas and provide jobs for residents. Even though some may want to preserve an area’s character, development is often an engine of economic growth that can help a neighborhood draw jobs and new residents. Development can increase the tax base and enable local governments to spend more on their priorities or shore up their fiscal solvency.

Policymakers need to balance competing interests when making or enforcing land use laws. Although they may want to avoid a strain on infrastructure and maintain an area’s character, they must also consider that valuable investment may go elsewhere if a developer or property owner is not allowed to build however they choose.

Examples of Land Use Laws

Zoning is the most common type of land use law and the legal system with which people are most familiar. Zoning laws divide certain areas into zones, and granular regulations affect properties and structures within these zones. Each zone has its own permissible uses for the property. Zoning laws may also control other aspects of property usage not to affect neighboring property owners.

Zoning laws may affect the following:

• Whether a particular area is residential only or it allows for some commercial developments (some zoning districts may allow mixed development, permitting both commercial and residential structures)
• The height of a structure that is on the property
• The appearance of certain buildings
• Whether a property is a single or multi-family dwelling
• The number of homes per acre on the property
• How far a building must sit back on a property

Zoning laws can also control things such as noise and emissions from a property. They can prevent a property owner from posing a public nuisance to others in the area.

Property owners can have due process and the ability to voice their opinions when the local government is considering a new zoning law. They can also apply for a zoning variance if they seek to use the land in a manner inconsistent with the current regulations. Property owners may take their case to court if they cannot successfully challenge a law or obtain a zoning variance.

Other Types of Land Use Laws

Zoning is just one type of land use law. There are other types of land use laws that may govern property, including:

• Environmental laws – Some laws and regulations require a builder to take specific measures to protect the environment. Builders cannot use some parts of a property because they sit on protected areas.
• Building codes – Developers must follow specific rules and regulations to ensure safety. These rules affect both the design and construction of buildings. 
• Eminent domain—The government has the right to take private property for the public’s use, so long as it pays the owner fair market value for the land. The government can take the land even without the property owner’s consent. 
• Historical preservation—If a property is in a historic district or has a landmark designation, the government may not allow the owner to change it.

Land Use Law Must Remain Flexible to Be Most Effective

Land use law cannot exist in a vacuum; it needs to consider the needs of affected communities and give multiple stakeholders their say in the process. Further, there is no one-size-fits-all law group suitable for every single area.

Land use laws must stay flexible as circumstances change. A community’s needs and

environmental conditions may change, and land use laws should reflect the circumstances. In this case, the government must consult with affected parties and give them a say.

Further, the government must prepare to enforce land use laws to give them their full effect. There should be a robust enforcement mechanism, and the government should have the capacity to take action when there is a violation of these laws. At the same time, they must also give the property owner (or the person who faces accusations of violating these laws) due process when they undertake enforcement action.

In deciding whether there has been a regulatory taking, the court will consider and weigh three factors:

• The public purpose of the regulation
• The damage to the property’s value
• The effect on the owner’s expectations

The courts often give deference to the government when it justifies a regulation as being in the public interest, so it is frequently challenging to win a regulatory takings case.

There Are Limits on Land Use Laws

While land use laws serve important purposes, they do have limits. Property owners have certain rights and freedoms when using their land; land use laws must balance the community’s needs with these individual rights. State land use and zoning laws can only go so far, and if they do, the state may owe compensation to individual landowners. Regulatory taking can occur when the state introduces a law that strips the property owner of all beneficial uses of their land. However, very few land use laws rise to this level. A property owner must meet a very high standard to prove a regulatory taking, but the principle can apply to some drastic laws that affect an existing landowner.

Why You Need a Land Use Attorney

When you seek to purchase a property subject to land use laws, you need help from a land use lawyer. Before the deal closes, you should know of any potential issues with the property. These issues can affect both the purchase price of the land and whether you want to go through with the deal. A land use attorney can help you seek a zoning variance should you pursue one.

A land use lawyer has experience in zoning and land development regulations. They understand local laws and the rules that govern land use. This knowledge is particularly crucial when purchasing property, as zoning regulations can impact how you can use the property, what you can build on it, and its value.

Having a land use attorney on your team ensures that you are aware of any potential restrictions or limitations on the property you are interested in. They can help you assess whether the property aligns with your intended use or if there are any obstacles you will need to overcome. With their guidance, you can avoid surprises down the line and make an informed decision before making a purchase.

Furthermore, a land use attorney can assist with the due diligence process. They can review documents and contracts related to the property, ensuring that everything is in order and that you understand the terms and conditions. They can also help you negotiate with other involved parties in the transaction, such as sellers, developers, or local authorities.

If you are an existing property owner, and the government is trying to pass a law that affects your rights, you can voice your concerns. The government cannot pass a regulation that affects you without giving you due process rights. If the government insists on reaching a decision or passing a law despite your opposition, you can challenge it in court.

A Land Use Lawyer Can Protect Your Interests

Purchasing property is a significant investment, and having a land use lawyer by your side can provide peace of mind and protect your interests. They can deal with the legal landscape, assess the property’s potential, and take all necessary steps to secure a successful transaction. Remember, having an experienced real estate attorney in Tacoma can make all the difference in property purchasing.

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