Own 40 acres, now ordinance changes and cannot build on it.

We purchased 40 acres in 11/05 to build home on. Ordinances checked before buying, would not have bought if could not build home on property. In 2007, ordinance changed where a house cannot be built more than 300 feet from road. 40 is about 1/4 mile off road! Now cannot put a home on property. Variance application was denied. Is there anything that can be done to fight this, do we have a case? Property value obviously is significantly decreased now. (Property not in zip code below, but is in WI)

Asked on June 16, 2009 under Real Estate Law, Wisconsin

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

the only possible way around this is to look into possible grandfather clause. However if you had not moved to build or taken any steps this may not apply. unfortunately ordinances can be changed and sometimes situations like this will happen.

I am not admitted in WI so I would suggest you call a local attorney who specializes in this area of law. Tell them your exact location, show them the paperwork that you obtained stating it was legal to build, show them any other efforts made on your part to take the steps to do so. With all the paperwork they will be able to determine if you can make a motion for an exception, but you will have to accept a possible no although its worth pursing. good luck


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.