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Thread: Bonus / incentive zoning

  1. #1

    Bonus / incentive zoning

    Hi all!

    Could a statewide agency barter the right of development in order to achieve their own goal of expanding their current facility. For ex; could Catskill park agency ask a landowner to deed them a piece of his property, so that landowner would be allowed to expand his property (which is prohibited right now) and agency would get the property to expand some of their facility.

    What logical reason could they give, to themselves inorder to get this deed in their favor..



  2. #2
    Cyburbian Zoning Goddess's avatar
    Sep 1999
    400 miles from Orlando
    Read Nollan v. California Coastal Commission (1987), case law regarding conditioning a building permit.

    This argues you cannot condition a building permit.

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