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Do Area Homeowners Get a Say In Commercial Land Use Developments?

On Behalf of | Dec 31, 2013 | Land Use

When new neighbors move in next door there is always the potential for unsightly construction arising without warning. Anyone who’s neighbor just installed a giant satellite dish knows what I’m talking about. We can usually live with a new fence or bird-bath going in next door, but when neighboring property is sold to construct a shopping complex, we tend to be a lot less understanding.

If you find out about a commercial complex popping up next to your home, you may want to contact a local real estate attorney to help you assert your rights as a homeowner.

Such construction is typically not permitted without notice to the surrounding homeowners, but the details of this requirement can be confusing. In fact, the Oregon Court of Appeals has recently scheduled a hearing to determine whether state or city rules should apply when notifying homeowners of new developments in their area.

At issue in that particular hearing is whether homeowners within 1,000 feet of a planned Sherwood shopping complex (including a Walmart) should have received notice of the city’s plans, and if their appeal of the plans were timely. Deciding on those issues will require a thorough analysis of both state and city notice provisions, and the effect of these kinds of construction on local homeowners.

When you catch wind of city development that doesn’t quite feel right for your neighborhood, you are entitled to an opportunity to voice those concerns. Without adequate notice however, you may have been inappropriately deprived of that right. Contacting an Oregon real estate attorney real estate attorney can help you to understand your rights, and the remedies you are entitled to.