While visiting Spokane this weekend this story, City exerts zoning power in the Valley Voice caught my eye. The upshot is the City of Spokane Valley wants to set aside a 100′ wide corridor for future HCT. There’s an issue whether this is “taking” land without reimbursement or if as the city prefers to call it a setback. Apart from the legal issues which can be resolved this sort of planning for the future with respect to transit seems like a very wise idea.
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I wonder if it’s actually an easment?
http://en.wikipedia.org/wiki/Easement
Those aren’t considered takings. There is an easement for the Portland to Lake Oswego Streetcar if it is used for transportation. The property reverts to the land owners if it isn’t used so they run the shoreline trolley.
That question is why this approach ends up in court. If someone short plats property it isn’t hard for the city as part of the rezone to add an easement for say a sidewalk. In Spokane Valley there are no plans in the works to actually build any HCT so the owner is saying this represents taking by eminent domain without compensation.
It really does end up being on a case by case basis. The city always has the option of offering variances say of decreased setbacks or higher density to get agreement from the property owner. And sometimes they can just threaten to say no to the rezone or short plat. In the case in the story there was yet another twist since the property was being subdivided and this parcel slated for a new library.