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Land Use and Zoning Archives

Construction of Delaware racetrack halted by Supreme Court

Delaware residents may have heard about a recent Supreme Court ruling that halted the development of a proposed motor speedway track in Felton. The Feb. 23 decision upheld a previous Superior Court ruling made in August 2016 that the land, presently the location of a small horse racing track, is not properly zoned for the construction of a dirt track motor speedway.

Preventing easement disputes with contracts

Delaware property owners are sometimes asked to grant easements on their properties to others, including neighbors, utilities companies or municipalities. Easements are needed when other people need to use your property, and they may lead to disputes over property boundaries and what the holder of the easement will be allowed to do while it is on the property.

Botanic Garden in Delaware's Sussex County moving forward

Residents of Sussex County may be interested in learning about the proposed Delaware Botanic Gardens, which will be located near Dagsboro along Pepper Creek. Sources report the project is moving forward and that architects, developers and planners have now been hired.

Towns move for development district plans

Delaware residents who are interested in real estate may want to learn about the recent news that Georgetown and Dagsboro are conducting planning towards gaining designation from the state as Downtown Development Districts. The project is intended to get the two towns prepared for applying for the designation under the Downtown Development District Act of 2014, and if they are successful, economic growth could be spurred.

The legal options for relief from zoning laws

Delaware residents who are interested in land use issues may wish to know their options when it comes to fighting against zoning laws. These options usually involve either asking for an exception to the laws or fighting against the particular application of the laws themselves.

When is a land-use action subject to pre-application review?

Part of the due diligence for those involved in commercial or residential real estate development in Delaware can sometimes involve waiting to complete an application for a land use plan. The state of Delaware may require an applicant to arrange a pre-application review with local authorities prior to, or in conjunction with, submission of an application for rezoning or other plans to change land use.

How does an easement affect my property rights in Delaware?

It may seem like once you buy a piece of real estate, what happens on that land is up to you, as long as it is not against the law and does not bother your neighbors. The reality is that the land could be subject to something called an easement that could affect the rights you have over the property.