Challenging Conservation, Historical, and Zoning Land Use Limitations

Key Points Land use limitations in Massachusetts can restrict how property is developed, used, or modified due to zoning, conservation, and historical preservation laws. Conservation restrictions protect wetlands, rivers, and forests but may be challenged through variances, land swaps, or environmental...
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Piece of land in Massachusetts

Eminent Domain Laws and Options for Property Owners

Eminent domain allows the government to take private property for public use, provided the owner receives just compensation. While this legal principle is meant to serve public interests, property owners often find themselves at a disadvantage when facing forced acquisition. The process can be complex, and government agencies may undervalue the...

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Do real estate laws apply to remodeling projects?

What happens when an ostensibly simple construction, remodeling or rehabilitation project goes awry? You may need a real estate attorney to help protect your interests. Consider the myriad of real estate laws that can apply to such projects. Construction law regulates independent contractors and can apply to matters such as project site inspection, documentation prepared...
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Is real estate permitting easier with a renewable project?

When a real estate developer is applying for real estate permits, getting approval from a federal agency is certainly a positive sign. However, it's not necessarily a guarantee of smooth sailing in the realm of real estate law. For example, two Massachusetts electric utility companies had expressed interest in a proposed wind turbine project on...
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Is obtaining a real estate permit approval ever easy?

Information about the various permits and approvals needed to move forward with a commercial development project is provided on the websites maintained by many municipal governments in Massachusetts. For example, the Boston Redevelopment authority maintains a website where information about zoning and planning can be found. However, a real estate attorney would caution that ease...
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Eminent domain battle continues over Boston theater property

Although it may not happen that often, the government does have the right to take private property for public use, provided other circumstances are present.

A local story provides context. According to court filings, the former owners of Boston's historic Modern Theater are seeking almost $1 million dollars from the Boston Redevelopment Authority. The BRA...

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Court issued zoning dispute ruling after construction had begun

In several recent posts, we've explored the importance of obtaining permits and investigating applicable zoning laws. Without that work, zoning disputes might arise and cause significant delay and/or expense. Unfortunately, zoning disputes do not always arise in a timely manner. For example, a developer may have obtained all of the necessary...
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Strategies for approaching lease disputes, negotiations

In Massachusetts, state law governs certain aspects of the landlord-tenant relationship. In fact, the website of the Attorney General of Massachusetts contains helpful information about tenancies established by written lease and those at-will. The information is helpful for prospective tenants, especially those who might not know that they have certain protected rights. 

For example, some...

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Worcester city leaders propose new zoning for open spaces

Zoning laws in Massachusetts are not set in stone, as a recent article reminds us. According to a recent vote of a Worcester City Council subcommittee, local developers may have to pay heed to new open space considerations.

Specifically, the council members approved a 131-page plan to create more city parks, rectangular fields, dog parks,...

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Boston mayor creates new zoning chief position

If readers needed a sign that local zoning disputes can be big business, Boston Mayor Martin J. Walsh recently created a new senior-level zoning chief for Boston’s City Hall. The position’s duties include making regulatory and operational recommendations that impact the Boston area.

An attorney who focuses on land use and zoning might draw another...

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