What are Property Rights? 1.What is Property Ownership? 2.The bundle of sticks: a.The right to occupy the property b.The right to exclude others c.The right to use and enjoy d.The right to control other ’ s use e.The right to alienate/convey

Limits on Land Use Regulation Fifth Amendment to the U.S. Constitution: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Utah Constitution, Sec. 22. Private property shall not be taken or damaged for public use without just compensation.

“The general rule, at least, is that while property may be regulated to a certain extent, if the regulation goes too far it will be recognized as a taking.” Justice Oliver Wendell Holmes Mahan v. Penn. Coal (1922)

Legislative Decision Administrative Decision Quasi- Judicial Decision

Conditional Use: Must be approved if reasonable conditions can be proposed to mitigate the negative impacts on the use. Conditions must relate to standards in the ordinance. May only be denied if “the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards”

A Nonconforming Use: A use which was legally established but is no longer allowed because of changes to the zoning ordinance A Noncomplying Structure: is a building that was legally established, but no longer conforms to current zoning standards Nonconforming uses and structures may be continued (“grandfathered”), as long as the use or the structure is not significantly altered or abandoned

To receive a variance ALL must be found: 1.Literal enforcement of the ordinance causes an “unreasonable hardship” for the applicant; 2.There are “special circumstances” attached to the property; 3.Granting the variance is essential to the enjoyment of a substantial property right possessed by other properties 4.The variance will not substantially affect the general plan or the public interest; 5.The spirit of the ordinance is observed, and substantial justice done; -Not merely inconvenience -Not self-imposed -Not economic -Associated with property, not use -Unique to the property -Physical, topographical, historical, etc. -Relate to the hardship complained of -Deprive the property of privileges granted to others in the same zone -Generally used to prevent a taking -Treat citizens alike -To the general plan -To the public interest -Consider how the variance will affect others -May impose additional requirements to mitigate any harmful effects -Other means to serve purpose -Final judgment call

Office of the Property Rights Ombudsman P.O. Box Salt Lake City, UT Statewide: FAX propertyrights.utah.gov