Cities Using Zoning To Avoid Eminent Domain Requirements.

indianapolis real estate law attorney jeff jinks law cities using zoning to avoid eminent domain

In a recent Wall Street Journal article it was reported that several cities are using their local zoning laws to avoid the requirement of paying private property owners when their property is taken.

Recall that the Fifth Amendment to the US Constitution requires payment to a land owner whenever property is taken for a public purpose.

In contrast, cities such as Dallas, TX and Ridgeland Mississippi are most recent to attempt to use local zoning codes to re-categorize existing uses as undesirable in favor of newer uses that the city deems more desirable. In Dallas a man’s auto repair business will have to be sold to make way for newer uses favored by the City.

In Ridgeland, the property code is being used to close down apartment complexes in an attempt to decrease the supply of rental properties in the city.

Share This With Your Fellow Business Partners!

TALKING ABOUT YOUR ESTATE, REAL ESTATE OR BUSINESS IS NO SIMPLE MATTER.

We Know How To Look At Your Case, Let's Talk Today!

PRIVACY POLICY

SITE MAP

FOLLOW US

WEBSITE USE AND DISCLAIMER.   By using this site, the User understands and agrees that Attorney Jeffrey J. Jinks is licensed only in the State of Indiana and information on the site may not be valid in other jurisdictions.  All information is for information purposes only and is not legal advice to the user.  

No attorney client privilege or relationship is created by the use of the site or the transmission and receipt of information without an express agreement between the user and Attorney Jeffrey J. Jinks.   The information on the site should not be relied on, and the user should take no action, nor refrain from taking action, without first seeking legal or other professional advice for their specific situation.   Do not send confidential information through this site, nor through email.

 Any links to other sites are intended as possible aids to the user and are not intended or implied that the firm sponsors, is affiliated or associated with, endorses or is legally authorized to use any any trade name, mark, logo, seal or copyrighted symbol that may be reflected in the links.  Those sites are not under the control of Attorney Jeffrey J. Jinks and he is not responsible for the content on or through those sites.

 The information on this site may not reflect the most current legal developments, verdicts, case law, code revisions, regulatory updates, private letter rulings or other changes in the law and is not guaranteed to be correct, complete or up to date.  The information on this site should not be taken as a promise, guarantee or indication of future results or benefits.
IRS CIRCULAR 230 NOTICE.  We are required by Treasury Regulations (Circular 230) to inform you that, to the extent that this communication concerns federal tax issues, this communication (including links, attachments and enclosures) was not written or intended to be used, and cannot be used, for (1) avoiding federal tax penalties, or (2) promoting, marketing, or recommending to another party any transaction or matter addressed herein.