Thursday, November 03, 2005

Can They Do That?

Story in this morning's DesNews talks about the passage by the Salt Lake City Council of a new zone designation for natural open space. Property zoned this way would not be allowed to have any development other than perhaps trails.

I have always been of the understanding that court rulings have said that local land use regulation must leave at least some reasonable level of development, so as not to be deemed inverse condemnation and thus essentially a taking of private land for a public purpose. How is this different, can anyone enlighten me?

The story also makes a good point about how an action like this right now, with a couple of legislators (one who happens to be Speaker) are looking for reasons to move ahead with their proposal to restrict local zoning authority, may not be the smartest thing to do. Amen

2 Comments:

At 2:31 PM, Blogger xantus said...

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At 1:45 PM, Blogger ARCritic said...

That zone is pretty interesting. I wonder what the city attorney had to say about it or if they really consulted him. We have some land that some would like to impose that kind of zone on, but I doubt we would.

Interesting about these two legislators, how now that they are on the other side of the table their attitudes are the way they are. I wonder what kind of CD director Harper was, Pro-Developer or restrictive?

Either way, they obviously understand how cities can make it difficult for developers.

You may have seen some articles in the Std. Ex. about Riverdale's proposal. This was the first rezone that came through with the public hearing at the planning commission level. While it wasn't exactly packed (if you take out the city council/mayor and candidates there were about 5 or 6 other interested parties), there was some interesting input. The Std. Ex. article came out the day before the hearing but there wasn't much more publicity about it. The planning commission tabled the proposal after the hearing. It will be interesting to see where it goes.

 

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