Legal Aspects of Land Development

Annexation #

The process by which a local government adds new territory to its jurisdiction, often for the purpose of land development. Related terms include "incorporation" and "extraterritorial jurisdiction."

Area Variance #

A type of variance granted by a zoning board of appeals that allows a property owner to use their land in a way that does not comply with the literal requirements of the zoning ordinance, but will not cause any undue harm to the neighborhood. Related terms include "use variance" and "nonconforming use."

Blight #

Property that is deteriorated, dilapidated, or obsolescent and constitutes a hazard to the public health, safety, or welfare. Blighted areas are often targeted for redevelopment through the use of eminent domain or other tools.

Bond #

A financial instrument that guarantees the performance of a specific obligation, such as the completion of a construction project or the payment of a debt. Bonds are often used in land development to ensure that public improvements are completed and that developers comply with regulations.

Conditional Use Permit #

A permit that allows a property owner to use their land in a way that is not normally permitted by the zoning ordinance, but will not cause any undue harm to the neighborhood. Conditional use permits are often used to allow for the development of specific land uses, such as schools, churches, and hospitals.

Contract Zoning #

A type of zoning agreement between a developer and a local government that allows for the development of a specific parcel of land in exchange for the provision of public improvements or other considerations.

Easement #

A legal right to use someone else's land for a specific purpose, such as access to a public road or the installation of utility lines.

Eminent Domain #

The power of a government to take private property for public use, following the payment of just compensation to the property owner. Eminent domain is often used in land development to acquire land for public improvements, such as roads, schools, and parks.

Environmental Impact Statement #

A document that assesses the potential environmental impacts of a proposed land development project. Environmental impact statements are required for certain types of projects under federal, state, and local laws.

Exaction #

A requirement that a developer provide a specific public improvement, such as a road, park, or utility line, as a condition of obtaining a land development permit.

Extraterritorial Jurisdiction #

The authority of a local government to regulate land use and development outside of its corporate limits. Extraterritorial jurisdiction is often used to regulate land use and development in areas that are expected to be annexed to the local government in the future.

Fee Simple #

The highest and most complete form of ownership of real property, which includes the right to use, occupy, and dispose of the property as the owner sees fit.

Form #

Based Code: A type of land development regulation that focuses on the physical form and appearance of buildings and streets, rather than on the specific uses of land. Form-based codes are often used to promote walkable, mixed-use development.

Nonconforming Use #

A use of land that was legally established before the current zoning ordinance was adopted, but does not comply with the current zoning requirements. Nonconforming uses are often allowed to continue, but may be subject to certain restrictions.

Planned Unit Development #

A type of land development that allows for the clustering of buildings and the preservation of open space, in exchange for the provision of public improvements or other considerations.

Plat #

A map or diagram that shows the boundaries, dimensions, and layout of a parcel of land, including the location of buildings, streets, and easements.

Rezoning #

The process of changing the zoning designation of a parcel of land, often to allow for a different type of land use or development.

Special Use Permit #

See "Conditional Use Permit."

Spot Zoning #

The practice of changing the zoning designation of a small parcel of land, often to benefit a specific property owner, without considering the impact on the surrounding neighborhood. Spot zoning is generally considered to be illegal.

Taking #

The uncompensated seizure of private property by a government, either through the use of eminent domain or through regulations that deprive the property owner of all economically beneficial use of their property.

Variance #

A permit that allows a property owner to use their land in a way that does not comply with the literal requirements of the zoning ordinance, but will not cause any undue harm to the neighborhood. There are two types of variances: area variances and use variances.

Vested Right #

A legal right to complete a land development project, despite changes in the applicable land use regulations, as long as the project is started within a reasonable period of time.

Zoning #

The regulation of land use and development through the use of zoning districts, each with its own set of permitted uses and development standards. Zoning is used to promote orderly and compatible land use patterns, and to protect the public health, safety, and welfare.

Zoning District #

A geographic area within a jurisdiction that has been designated for a specific type of land use and development, as specified in the zoning ordinance.

Zoning Ordinance #

A local law or regulation that establishes the zoning districts and regulations for a jurisdiction. Zoning ordinances typically include provisions for the administration and enforcement of the zoning regulations, as well as procedures for obtaining variances, conditional use permits, and other types of land use approvals.

Adverse Possession #

The legal principle by which a person can gain ownership of a parcel of land by openly, notoriously, and exclusively possessing the land for a statutory period of time, without the permission of the true owner.

Alienation #

The transfer of ownership of real property from one person to another, such as through a sale or gift.

Amortization #

The gradual reduction or retirement of a debt or liability, such as a mortgage, through periodic payments.

Annexation Agreement #

A contract between a local government and a property owner that establishes the terms and conditions for the annexation of the property to the local government.

Assessment #

A valuation of property for the purpose of determining the amount of property taxes or special assessments that are owed.

Blight Elimination Program #

A government program that is aimed at eliminating blighted properties through the use of code enforcement, redevelopment, and other tools.

Building Code #

A set of regulations that govern the design, construction, and maintenance of buildings and other structures. Building codes are intended to ensure the safety, accessibility, and energy efficiency of buildings.

Building Line #

A setback line that establishes the minimum distance that a building must be set back from a property line.

Capitalization Rate #

A rate of return that is used to estimate the value of a property based on its expected future income.

Certificate of Occupancy #

A document issued by a local government that certifies that a building or other structure complies with all applicable building codes and zoning regulations, and is safe for occupancy.

Chapter 42 #

A Massachusetts state law that governs the development and redevelopment of blighted areas. Chapter 42 provides for the use of eminent domain, tax increment financing, and other tools to promote the redevelopment of blighted areas.

Cluster Development #