Why be concerned about nonconforming use?
Typically, in the context of property transactions, it has to do with destruction and rebuilding; or sale of property. In regards to casualty, if the property is destroyed or damaged, owner may want to re-establish the use. If the property is sold the purchaser will want assurance that use and development is lawful. Almost as common, and perhaps a bit trickier, is expansion. You may want to expand the structure, or intensity of use, however expansion is generally not allowed but there are exceptions.
Garrett H. Stephenson
Schwabe, Williamson & Wyatt
- Of Counsel with Schwabe, Williamson & Wyatt
- Member of the real estate and land use practice groups
- Has significant experience in negotiations with local governments related to permit exactions, required public improvements, and eminent domain
- Represents private and public clients in a variety of land use and municipal law matters, including complex land use entitlements, regulatory due diligence, and local and state-level appeals
- Past city planner and land use planning consultant
- J.D. degree, cum laude, Lewis and Clark Law School; B.A. degree, magna cum laude, Willamette University
- Can be contacted at 503-796-2893 or [email protected]
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