Zoning changing

[carl17]

Town Of clay in Central New York is Planning to  Limit  Motorize Vehicles  to 14000 gvw park in drive ways .   No Grandfathering of current Rvs       . Also may include trailers to.   Has any one else run into  this kind of thing. Right now in planning stage.   wiil not effect me as i live one town over, but one town than next.

[richard5933]

First, I'm not a lawyer. Don't even play one on TV. But I've had a bit of experience with similar things on our property.

Around here, when they change the zoning to make it more restrictive, those already using the less restrictive rules are generally automatically grandfathered until they either stop using the property in that way or the property is sold and the new owner stops the use.

For example, we had 4 horses on our property. The zoning was changed to only allow 2 horses on a property our size. We were allowed to keep all 4 horses since we had them prior to the change. After not having them for 18 months our property reverts to the newer restriction.

You purchased the property with the intention of using it to store your MH. After the fact, if they now make that not possible, then they are denying you use of your property as it was when purchased. In Wisconsin there is case law against this. It's called a 'regulatory taking' and basically says that if rules are changed to restrict you from a previously allowable use of your property it's considered a taking just like eminent domain, which would require due process AND compensation. Placing restrictions on the use of your property in such a way takes away a portion of its value, and the owner is entitled to remedies.

I'd do a thorough search through all the related case law in NY to see what you're working with. After a few major Supreme Court cases, many states added even further protections against government taking property. You may find some rule or case law that you can present to the powers that be to let them know that you will expect both due process and compensation for the reduced value of your property.

Another good example of this is when an area that used to allow two-family housing changes the rules to permit only single-family housing changes the zoning to allow only single-family. If they were to try and suddenly make all the two-family property owners kick out their tenants there'd be a problem. When talking about real property certain rights go with the deed, and many of those are in the permitted uses of the property at the time of purchase.

[carl17]

Very interesting pass it along . 

[manholt]

Thank the Good Lord...I live in Texas!  When my coach pass the gate at Linda's, or my Ranch in W. TX., It's wide open country and hidden barns and houses!  No zoning can change what we got. HMO?  That's like the Union, in a Texas Oil field, they disappeared in 1927 and was found in 1978....still in their cars!  We can do what we want to do, at anytime the mood strikes, especially at my place, 2 sections in the middle of nowhere and the star's are unbelievable!   At my main residence on Galveston Island, it's a HMO Subdivision, but I can park my coach for 2 weeks in the street and however long I want on my property!  HMO dues are $60 a year.