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Montana
Complaint or Petition for Judgment Declaring a Nonconforming Use

Montana Complaint or Petition for Judgment Declaring a Nonconforming Use

Category:

Government - Zoning

State:

Multi-State

Control #:

US-01287BG

Format:

Instant download

Description

A nonconforming use is an existing use of property that conflicts with a newly adopted zoning ordinance. In general, a nonconforming use has a constitutional right to continue. However, if an owner discontinues a nonconforming use, the owner loses the right to this use through abandonment, and the nonconforming use cannot be resumed at a later time.

This form is a generic pleading and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which has been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

There are two ways or two conditions for condemning authority to acquire property, one to just compensation, the other, the public use and necessity, just compensation will not stop taking.

Twelve states (Alabama, Georgia, Idaho, Indiana, Kentucky, Michigan, Ohio, South Dakota, Texas, Utah, West Virginia, Wisconsin) enacted legislation to prohibit the use of eminent domain for economic development.

Eminent domain refers to the power of the government to take private property and convert it into public use, referred to as a taking. The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners.

The Notice of Issue is the only notice to the Court that a motion is pending. Until a Notice has been filed and served, the motion(s) shall not be deemed submitted.

1) In writing by filing a Motion or responding to a Motion; or 2) In person at a hearing scheduled by the Judge, with both sides present.

Eminent domain is the power possessed by governments to take over the private property of a person without his/her consent. The government can only acquire private lands if it is reasonably shown that the property is to be used for public purpose only.

(A) A defendant must serve an answer within 21 days after being served with the summons and complaint, unless the court orders otherwise under Rule 4(c)(2)(C).

Eminent domain is addressed in the Montana Constitution. Article II, section 29, of the Montana Constitution states that: "Private property shall not be taken or damaged for public use without just compensation to the full extent of the loss having been first made to or paid into the court for the owner.