SederLaw
WORCESTER 508-471-3018
Metro West 508-709-0024

Land use and zoning: are Massachusetts laws too restrictive?

The broad legal authority of local governments to regulate property use through zoning laws was established long ago.

A U.S. Supreme Court case, Village of Euclid v. Ambler Realty, made that clear nearly 90 years ago.

But this does not mean that a particular zoning law, as applied, as reasonable. And in Massachusetts, the very age of some of the laws has prompted concerns that they are antiquated. In this post, we will discuss that issue.

The Boston Globe editorialized on the subject last week. The Globe encouraged the Massachusetts Legislature to pass a bill that would amount to an overhaul of zoning laws in the Commonwealth.

The concern is that municipalities have used zoning laws to impose too many restrictions on land use - resulting in a stifling effect on economic development.

With so many restrictions on building in city centers, development often gets pushed out to outlying areas. The ensuing urban sprawl has a lot of downside, from lengthy commutes to environmental degradation.

Zoning reform, however, is no easy task to execute. It involves many detailed rules and a complicated dance between cities, real estate developers and other interests.

The Globe's concern is with a broader public interest that balances multiple factors. These factors range from the preservation of open space to the need to encourage economic development. Clearly a key concern is the creation of more housing options that are reasonably priced, rather than cookie-cutter "McMansions" in outlying areas.

But regardless of what the Legislature decides, there are invariably legal issues that arise regarding land use and zoning issues. A knowledgeable real estate attorney can help you navigate those issues.

To learn more about our practice, please visit our page on commercial real estate.

No Comments

Leave a comment
Comment Information
Email Our Team

Contact Us Today To Learn More

The skilled attorneys at SederLaw stand ready to handle even your most difficult legal issues. Turn to us for skilled representation to help you accomplish your legal goals.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

An Impressive Track Record
Of Achievement In The Law

SederLaw

Worcester Office
339 Main Street
Suite 300
Burnside Building
Worcester, MA 01608

Phone: 508-709-0024
Phone: 508-471-3018
Fax: 508-831-0955
Map & Directions

Metro West Office
1900 West Park Drive
Suite 280
Westborough, MA 01581

Phone: 508-709-0024
Fax: 508-831-0955
Map & Directions