• Land use vs zoning

I own Iowa property that has always been zoned agricultural, as well as classified for agricultural use. The previous owners used it for several horses and a couple of steers. I bought and have used it for a horse breeding operation. 

This land is part of the watershed for a county owned lake and the previous owners were told it could not be zoned residential because of that.

This spring the county assessor changed the use classification to residential. So it is classified for a use to which I cannot put it. It also seems unreasonable for a piece of land to be classified one way and zoned another way.

Do I have grounds for an appeal of this reclassification.
Asked 3 years ago in Property Law
Religion: Other

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

5 Answers

File an appeal against order passed by county assessor changing use classification of your land from agricultural to residential 

 

2) take the plea that land has been used for agricultural purposes for last x years 

 

3) that it is part of water shed for county owned lake and changing use would increase development activities in area and affect the county lake 

Ajay Sethi
Advocate, Mumbai
97529 Answers
7890 Consultations

Agricultural land that is part of water shed for water body cannot be changed to residential. That will adversely affect the ecology of water body resulting damage to ecology.  You do a right of appeal against zoning of land as residential under environmental protection laws.

Ravi Shinde
Advocate, Hyderabad
4435 Answers
42 Consultations

This is pertaining to the local laws of that county in United states of America.

No opinion can be rendered from India for the local laws that rules this situation in that county of  USA.

You may better approach an attorney in the local and get the subject matter clarified.

 

T Kalaiselvan
Advocate, Vellore
87731 Answers
2358 Consultations

Dear Sir,

1) You will have to file a apple/protest petition with with the zoning commission before any public hearing or at the time of public hearing.

2)You can also file Appeal to the board of adjustment which may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality affected by any decision of the administrative officer. On the basis that the property has been used as a watershed property for so many years and that change in zoning will be detrimental to the environment and will case waterbody pollution.

Thank you

 

Anik Miu
Advocate, Bangalore
10398 Answers
121 Consultations

- Such land can only be used to the agricultural or the said purposes , and for converting the same in residential a  permission is required from the Collector before constructing a house.

- Further , as the said zone has changed from agriculture to residential , then also permission is required. 

- Hence, you can approach the office of the Collector for the same in the jurisdiction where this land is situated. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer