Variances: Maine's Undue Hardship Test Explained

So your family has been holding on to a small, vacant piece of real estate for decades. You never really got around to building anything on it and have decided now is the time to develop. Surprise, your lot is smaller than your town’s minimum lot size for single family homes. Further, even a small house would be in violation of the town's setback requirements. Are you completely out of luck and stuck with a useless piece of property? Not necessarily. Some lots will be eligible for variances, which will relax zoning requirements in some circumstances.

Land UseAndrew HillSeptember 27, 2017land use, zoning, real estate, municipal law

Maine’s Freedom of Access Act: An essential tool for governmental accountability

State and municipal governments are constantly making decisions that impact the lives of citizens. Commonly, the reasoning behind those decisions can be unclear. Further, problems with the process involved in making those decisions could weaken their validity. It is difficult to point out decision-making flaws when citizens are kept in the dark. Governments are commonly held accountable through open government laws that allow citizens to participate and remain informed. Here in Maine, we have the Freedom of Access Act (FOAA) to provide the public access to government information.

Municipal LawAndrew HillFebruary 1, 2017municipal law, administrative law, land use

Can you rely on zoning to protect your real estate investment?

Since 1926 when the U.S. Supreme Court held that local governments had valid interests to enact zoning regulations, zoning has been a central part of land use regulation by municipalities. Zoning ordinances have provided governments with the tools to manage the growth and development of their communities.