Land Use

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A photograph of Lot E, the parcel that is the subject of the Murrs’ dispute. Source: eenews.net.

On Friday, the U.S. Supreme Court set oral argument for March 20, 2017 in the case of Murr v. Wisconsin, in which the Court is being asked to determine what constitutes the “relevant parcel” in determining whether a regulatory taking of private property has occurred.  The Court’s decision in Murr, expected this summer, may significantly affect private parties’ ability to bring takings claims when government actions render portions—as opposed to the entirety—of the parties’ property unusable or undevelopable.

Two parcels of property located along Lake St. Croix in Wisconsin are the subject of Murr.  The two waterfront parcels, each of which are just over an acre in area, were platted in 1959.  The Murr family purchased one of the parcels (Lot F), and subsequently purchased the other parcel (Lot E) in 1963.  The Murrs built a family cabin on Lot F, and Lot E has remained vacant ever since.  The Murrs held title to Lot F in their family business, while they held title to Lot E under their personal names.  In 1994, the family business conveyed Lot F to their six children, and in 1995, Lot E was also conveyed to the children. 
Continue Reading U.S. Supreme Court Set to Hear Oral Argument in Takings Case

Of all the various restrictions on development in Boulder, among the most impactful—and, to citizens, important—is the restriction on building height.  Based on a joint study session between the Boulder City Council and the Planning Board last Tuesday, those restrictions may be changing.

The current height restriction regime is multilayered. Boulder’s charter restricts building…

In an effort to encourage licensing, Denver has streamlined its website and placed advertisements on popular social media networks.
In an effort to encourage licensing, Denver has streamlined its website and placed advertisements on popular social media networks.

Enforcement of Denver’s short-term rental regulations, which were passed in the summer of 2016, started January 1, 2017.  However, not all hosts seem to have gotten the message, with only about 18 percent of Denver properties on Airbnb including their license numbers in the listing—a requirement under the new regulations. 
Continue Reading Hosts of Short-Term Rentals Slow to Obtain Licenses, Face Hefty Fines

As Denver’s housing market continues to thrive, so, too, do the development-related concerns of existing residents.  The rapid pace of development in many City-close neighborhoods has at times pitted residents desiring attractive, pedestrian-oriented communities against developers responding to high demand for urban housing options.  On Monday, August 22, 2016, the Denver City Council passed a pair of City-wide development moratoria aimed at addressing parking and architectural issues.  CB16-0498 concerns use of the City’s small zone lot parking exemption.  CB-16-0541 places a one-year moratorium on use of the Zoning Code’s Garden Court Building Form.  Both bills passed with a unanimous vote of Councilmembers present and took effect August 25, 2016. 
Continue Reading Denver City Council Passes Pair of Development Moratoria