Montgomery Land Use and Zoning Attorney
Rebecca A. Valk is a highly experienced land use and zoning attorney located near Montgomery, New York. Having served as counsel for municipal boards, businesses, and developers, Rebecca has attained a broad array of experience in transactional work and in litigation as well. Her experience includes all of the following matters: land use, zoning, real estate, contracts, employment and labor.
What Does a Montgomery Land Use Attorney Do?
A land use attorney, or zoning attorney, helps individuals and businesses navigate the complexities of local and state land use regulations. Not having skilled and qualified representation can result in all kinds of problems, including, but not limited to, lost or canceled contracts, denied permits, steep fines, lengthy delays, and legal troubles.
In short, a land use attorney will help with zoning laws, building ordinances, construction permits, environmental regulations revolving around real estate use and development. The zoning attorney can provide advice and representation at the municipal, state, or federal level.
Because the field can get so complicated, some land use attorneys focus solely on one type of client, with land developers, commercial businesses, private homeowners, and municipal agencies being some examples.
Not being in full compliance can result in lost time and higher costs, and it’s the attorney’s job to make sure all the boxes are checked, so to speak. Other times, a land use attorney provides representation in more contentious matters such as legal disputes, denial or revocation of permits, or challenges to laws and regulations.
Following are some examples of situations where zoning attorneys can help. By no means is this an exhaustive list.
Real estate agents seeking to resolve code violations when helping a client sell a home
Undertaking a zoning analysis on behalf of potential purchasers of property who need to verify the property is zoned for the intended use and to determine what permits will be needed for that use.
Construction companies needing to file building permits before beginning work on a site
Business or property owners challenging an ordinance
Homeowners and other property owners needing to procure permits for construction or remodeling projects
Obtaining approvals for special permits , site plans or variances.
Clarifying ordinances governing easements and rights of way when those ordinances are confusing, seemingly contradictory, or unduly burdensome
Reviewing all legal issues, researching zoning laws, and presenting cases in court
Determining any changes needed to ensure regulatory compliance
The bottom line is that a good land use attorney represents your interests and protects your rights so that you navigate real estate matters smoothly and don’t end up facing messy legal proceedings down the road.
Why Choose Land Use Attorney Rebecca Valk?
With Rebecca’s extensive experience in so many aspects of land use and zoning law from representing such a diverse range of clients, there are few attorneys who know this realm of law as well as she does and are able to provide the quality of representation she does. Prior experience as counsel in Montgomery and deep ties to the community also leave Rebecca uniquely qualified as a land use attorney for the city and surrounding area. Her past service in the Dutchess County Bar Association as president and in various officer roles also speaks to her experience and the respect she has earned in the profession.
Top-quality representation in land use and zoning issues is close by. To get started on protecting your rights and interests, schedule a consultation with Rebecca now.
Frequent Questions about Land Use and Zoning Law
No. You do not have the right to use property under a particular zoning classification until you have been issued all applicable permits from including, but not limited to, the Planning Board, Zoning Board of Appeals and Building Inspector. The contract for any purchase should address this through contingencies.
No. The impact of commercial uses can be very different as to parking needs, traffic generated, employees on site, etc. It is important to have an analysis done by a land use attorney to determine the types of commercial use permitted at the site and what permits will be necessary for your intended use.
There are many forms of land use restrictions. Land use restrictions may also be used in the development of property.
Restrictive covenants are provided in a property deed which control the use of the property. Common restrictive covenants include: size and height of building or house, minimum square foot measure of houses, number of dwelling units in a specified area, location of utilities, and the purpose for which the land is to be used.
Easements are defined as the rights a person other than the property owner has on that particular property for a specific purpose. Equitable servitudes are agreements between two landowners in regards to the subject property that is enforceable in a court of equity.