• A Proposal to Amend the Michigan Zoning Enabling Act to Allow Amortization of Nonconforming Uses

    Author(s):
    HC Admin (see profile) , Michael A. Lawrence
    Date:
    1998
    Group(s):
    MSU Law Faculty Repository
    Subject(s):
    Land use--Law and legislation, Law
    Item Type:
    Article
    Tag(s):
    zoning, Michigan, Michigan Zoning Enabling Act, Det. C.L. Rev., FacPubs, Land use law, Other law, State and local government law
    Permanent URL:
    http://dx.doi.org/10.17613/1fvh-5774
    Abstract:
    This article suggests that the Michigan legislature should amend the Michigan Zoning Enabling Act in order to explicitly allow state and local government to amortize nonconforming property uses under limited circumstances. While the current prohibition on amortization protects individual rights and is thus laudable as a liberty-friendly law, it goes too far by categorically refusing to give any account for the public interest. A revised statute allowing amortization, but only when the government satisfies a substantial burden to demonstrate its “reasonableness,” including a showing that the property to be amortized can be put to reasonable alternate use, would properly recognize important (albeit competing) individual and collective interests. The article concludes, moreover, after examining the prohibition’s statutory history and Michigan Supreme Court precedent, that the Michigan Court would have strong basis to uphold such a statutory revision.
    Metadata:
    Published as:
    Journal article    
    Status:
    Published
    Last Updated:
    2 years ago
    License:
    Attribution-NonCommercial
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