Real Estate & Property Law

Zoning Near Airport Causes Lawsuit

By Alan Ackerman

Star Tribune

Residential development is no longer permitted and office towers would be limited to about 14 stories high, depending where they were on the roughly 60-acre site. That's about three to five stories lower than under the old zoning.

The suit says the ordinance change derailed a family proposal for a combined office and multi-family residential project on the site.

    Frequently, airports determine by FAA standards, properties should be zoned non-residential uses when in the runway path.  Such a case has occurred in Minnesota.      In many jurisdictions, a non-residential use will provide greater value for a property.  However, given the recent economic hiatus, residential development, albeit much less profitable than before, may be preferred to what was the most profitable utilization of land.
    One needs to look at the history of the Airport Authority in the vicinity to determine whether there is a viable claim against the Airport Authority.

Full post as published by National Eminent Domain Blog on April 29, 2010 (boomark / email).