Zone Planning And Land Use

Zoning and land use planning are governed by both federal and states laws, depending on who has jurisdiction over the subject property. Zoning refers to the local government's permit for specific uses of certain lands. Parcels of land can be designated as commercial, residential, or special. Mixed residential-commercial areas are areas where commerce and residences are grouped together, while special areas are areas allocated for sports complexes, areas, and malls. Land can also be designated as agricultural or industrial. In addition, zoning is also used to designate the types of buildings that can be erected in a certain area. With respect to the construction of buildings and houses, local governments has different requirements.

Zoning laws vary from state to state but the goal is the same -- to separate incompatible property uses. This means that industrial areas are designated certain distance from residential areas to minimize any untowardly incidents that typically happen in industrial zones. In addition, zoning laws are also sensitive as to the needs of the citizens, providing different access roads for industrial trucks and family cars. Zoning is an inherent power of the state, which is why there are numerous legal issues arising from this power. States, in order to provide the basic services needed for its citizens, routinely tramp over the property rights of individuals or private entities. In addition, one of the complaints of citizens with respect to zoning would be social and economic segregation through exclusion. Moreover, there are complaints with respect to taxes as municipalities are able to artificially maintain high housing costs.

One of the most common legal disputes with respect to zone planning and land use would be disputes between neighbors with respect the right to build. It is not uncommon for prospective property buyers to consider the "view" from the property as an essential factor in deciding whether to purchase such property. The "view" increases the value of the property, which is why properties with views are purchased easily. This view, however, can be obstructed because of another person's right to build. All persons are granted the right to build, for as long as the building requirements are complied with. But this right often interferes with another's person privilege. In the suits arising from a neighbor's right to build, it is best to contact an expert land use attorney as there may be intricacies accompanying this dispute that cannot be seen at plain sight by an ordinary property buyer.

Another common legal dispute with respect to zone planning and land use is property easements. There are numerous ways that another person may encroach upon the property of another person without being detected. Often, the property at issue may be a small portion of the property but the cost of litigating the issue may not be commensurate as to the value of the encroached property. The laws provides for various remedies to property owners whose land has been eased upon, with some of the remedies not requiring expensive litigation. It is thus best for property owners to seek the help of a counsel to determine which remedy to pursue in order to avoid costly litigation.

Areas of Law

Admiralty And Maritime Law - Legal Information and Resources

Admiralty And Maritime Law

Federal maritime law governs legal disputes, such as navigation and shipping, including commerce, seamen, personal injury, towage, insurance, liens, and recreation. Federal maritime law, also known as admiralty law, also covers awards for salvaging vessels, piracy or ship hijacking.

Article III, Section 2 of the U.S. Constitution provides that cases involving maritime law are to be heard in federal courts. A plaintiff, however, pursuant to 28 USC ยง1333 may choose to file a suit in state court, but federal law will still apply in that case. Courts and the Congress seek to create a uniform law that will govern both national and international maritime issues. Current federal maritime law is composed of modern legislation, case precedents, maritime doctrines, international treaties and private contracts.

Maritime law only governs legal disputes originating on navigable waters, which include all bodies of water used for interstate and foreign commerce. This means any body of water, such as a lake or a river, within a single state is not covered by maritime law.

In the area of shipping, admiralty law applies to such issues as commercial accidents resulting in damage to vessels and cargo, injuries to seamen, and spill of hazardous material. Following an accident, litigation would arise to determine who is responsible for the lost or damaged cargo. In cases of foreign trade, the Carriage of Goods by Sea Act ("COGSA") governs. COGSA provides that a ship owner's liability is limited to $500 per container provided that the ship was in proper condition prior to departure.

One of the most complex issue that arises from maritime law cases is compensation for personal injury to passengers and seamen. This issue involves expertise of maritime law specialists. In recent years, maritime law has been increasingly applied to recreational boating accidents that occur on navigable waters. In the case of passengers of cruise ships, their legal rights arising from the negligence of the cruise ship is limited by the terms of their ticket. This means that the statute of limitations for filing a suit would be only one year, instead of three, and that notice of filing of such suit may be required in as little as six months.

Recovering compensation for personal injury is even more complicated for "seamen," defined by Jones Act as a crew member whose responsibilities meets certain requirements under the same Act. The Act governs the rights of seamen to recover personal injury compensation. The determination alone of who a "seaman" often requires consultation with a lawyer. Following the determination of whether Jones Act applies, seamen are entitled to jury trial to provide them a fair process for filing negligence claims. Should the negligent act of the employer results to the death of the seaman, the surviving family members are allowed to file suit. Moreover, personal injury litigation also delves on insurance law, adding another complex layer to the litigation and needing the expertise of specialists.

If employees do not fit the definition of "seamen" under Jones Act, they may recover compensation for personal injury under other laws, such as the Doctrine of Unseaworthiness or the law of "maintenance and cure."

Areas of Law