Land Use & Zoning
A Texas property owner who believes their property has been incorrectly zoned in a way that deprives them of reasonable economic use may file a:
ATREC complaint
BLawsuit for a regulatory taking or an application for rezoning or variance✓ Correct
CComplaint with the Texas Attorney General only
DTCEQ permit application
Explanation
A landowner who believes their property has been unconstitutionally zoned (depriving them of all economically beneficial use) may sue for a regulatory taking compensation, or apply to the local government for rezoning or a variance to allow a reasonable use.
Related Texas Land Use & Zoning Questions
- The Takings Clause of the U.S. Constitution requires that when government regulation goes too far and deprives a landowner of all economically beneficial use, the landowner may be entitled to:
- A Texas city uses 'incentive zoning' to encourage developers to include affordable housing units. Under incentive zoning, a developer who includes affordable units might receive:
- Texas Property Code Chapter 201 (Restrictive Covenants) provides that certain deed restrictions in urban areas may be:
- In Texas, the power of local governments to regulate land use through zoning is derived from the state's:
- The Texas Solid Waste Disposal Act (managed by TCEQ) affects real estate development by:
- Texas property that is taken for a public purpose and the owner is not fairly compensated may be subject to a claim of:
- In Texas, a 'reinvestment zone' (tax increment financing zone/TIRZ) is created by a city to:
- A Texas 'mixed-use' development designation typically allows:
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