Chapter 3 (Land Use)
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doesn't means you own the land and doesn't mean you can do anything you want to the land
Written law by legislator provide by statutes and/or criterias
determined by the outcome of a lawsuit
Why choose alternative to Laws?
- -Avoid going to court
-uncertainty of court ruling
Types of alternatives to laws?
- *Mediation - non binding = no resolution
- -->fastest, easiest
*Arbitration - clause in contract, 3rd party makes decision and its BINDIND
Constitutional Law is?
-Found in federal and state constitution.
Hawaii's own constitution
NO LAWS CAN CONTRADICT THE CONSTITUTION
Other Legal Controls?
What is regulation?
Is rule issued by governmental an intent law
What is rule?
-Guideline to implement law
What is code?
-Is a written law or rule
What is an ordinance?
-Is localized and not pertain to the whole state
What is federal controls?
Deals with Environmental issues
- -Federal Water Pollution Control Act
-The Resource Conservation and Recovery Act of 1976 (RCRA)
-The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) or Superfund
In certain area the federal government allow the state government to regulate.
-Between the federal and state law, the stricter law applies.
The power of government
- to take private property for public use with just compensation.
The legal process
- for government to take over private property for public use.
Land Reform Act
An example of eminent domain ---> forced residential lessors to allow lessees to purchase fee simple interest to their land
*To break up monopoly of landowner
What is police power?
- for government to regulate based on general welfare of its citizen.
- -includes health, safety, morals comfort and prosperity.
example: strip club (too bad get out)
What is zoning?
Is a police power which allows the land to be regulated in terms of land usage and physical dimension.
Types of zoning?
- -Nonconforming Use
- -Special Use permit
- -Spot zoning
- -Ohana dwelling
- -buffering zone
What us nonconforming?
- Was legal before but now illegal.
- -a building demolished must be regulated to today's laws.
What is special use permit ?
which allows a permitted to a zoning ordinance.
What is variance?
- Request exception (contradiction) to law
- -must request from zoning
- ex: want to hang a sign larger than allowable.
What is spot zoning?
-To allow a zone within a zone.
What is ohana dwelling?
Second dwelling permitted to the same lot. Must be conforming to are lot.
What is buffer zone?
To blend 2 different area/land district (NO BUILDINGS)
What is Local Government Control?
-Specific area the state allows the local government to regulate land use.
Type of Government Control?
-Department of Planning and Permitting (DPP)
-Developer put controls on homes.
Types of Private Controls?
- - Easement
- - Deed Restriction
- - Lease
- - Covenants, Conditions and Restrictions (CC&R)
What would you like to do?
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