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Distinguishing Land Use and Zoning

When trying to develop property for certain uses, it is likely that a local government has placed restrictions on how that property may be developed. Local governments do this in order to take advantage of a more efficient use of resources, plan for future growth, and for the general safety and welfare of the public.

Eminent Domain and Just Compensation

How does government acquire the land it uses to install utilities or construct new roads? It exercises an authority that is called eminent domain. Eminent domain allows the government to take private property if it is for a “public use.” The phrase “public use” is contentious since, depending on who is defining it, could greatly limit or increase the government’s authority to take private property. This article gives some background on what eminent domain is, and how property owners can either fight it or at least be fully compensated for it.

Distinguishing Variances and Special Exceptions

There are many avenues that property owners could travel to get around certain restrictions that local governments impose upon property throughout their jurisdiction. Sometimes local governments will restrict, for example, how high buildings can be built, or how property can be used.

Defect Disclosure Requirements for a Residential Sale

Historically, when real property was being bought and sold the doctrine of caveat emptor or “let the buyer beware” controlled. Under this doctrine, it was the buyer’s sole responsibility to determine if any defects were affecting the property and the seller had no obligation to bring such defects to the buyer’s attention.

Harassment in the Workplace

Title VII is a federal law which seeks to address discrimination and harassment in workplaces. Title VII regulates employers with 15 or more employees. Title VII prohibits harassment of individuals based on the following protected characteristics: race, color, national origin, sex, religion, and some other factors. What constitutes harassment? For an employee to bring a […]