Friday, April 2, 2010
Patricia Salkin (Albany) has posted Abandonment, Discontinuance and Amortization of Nonconforming Uses: Lessons for Drafters of Zoning Regulations, Real Estate Law Journal, Vol. 38, p. 482, Spring 2010. The abstract:
With a significant volume of litigation focused on the subject of nonconforming uses, this article offers practical strategies for drafters of local zoning ordinances and laws on the subject of abandonment, discontinuance and amortization of nonconforming uses.
This article proceeds from Prof. Salkin's observation from her invaluable Law of the Land blog that the issue of nonconforming uses generates an enormous amount of litigation. The article is chock full of great practical examples from actual zoning ordinances, and will be of great use to planners and lawyers involved in drafting and interepreting nonconforming use standards.