HomeMy WebLinkAboutMemo to Carmel Plan Commission from Campbell Kyle Proffitt 2/19/91 CAMPBELL KYLE PROFFITT
ATTORNEYS AT LAW
MEMO MEMO MEMO MEMO MEMO MEMO MEMO
TO: Carmel Plan Commission
-101-
FROM: CAMPBELL KYLE PROFFITT J
DATE: February 19 , 1991 Gp�
RE: Legal Issues Raised at February 7 , 1991 Meeting
1 . Interpretation of I.C. 36-7-4-506
If a thoroughfare plan is included in the comprehensive plan,
then the thoroughfaire plan may determine lines for new public
ways . Nothing in the section of laws regarding comprehensive
plan requires that the actual lines for new public ways be
included in the comprehensive plan.
If the Plan Commission wishes to include definite lines for
new public ways in the comprehensive plan, then according to I .C.
36-7-4-506 (c) the lines can only be modified by an amendment to
the comprehensive plan. If the Plan Commission does not want to
include definite lines for new public ways in the thoroughfare
plan, then a simple verbal disclaimer in the plan indicating that
the lines on any diagram are conceptual only should be sufficient
to allow the Plan Commission to avoid amending theilines at a
later date.
As a practical matter lines for public ways probably should
not be included in diagrams even if a disclaimer is placed in
the comprehensive plan specifying that any lines on the diagram
are simply for conceptual purposes . Much confusion will be
avoided by indicating in the thoroughfare plan that a road is
planned for somewhere between Meridian Street and Springmill
Road .
2 . City Sewer Service
The City of Carmel has no legal duty to provide sewer service
to all citizens within its corporate limits . The extension of
sewer service is an "optional power" .
3 . Regulatory Takings
I 5
The issue off whether or not the proposed revisions to the
zoning ordinance could somehow be construed as violating the
United States and Indiana Constitutions which prohibit the "taking"
of private citizens land without just compensation. There is no
simple answer to this question. south 9th street
Nobblele sville, Indiana 46060
(317) 773-2090 FAX 776-5051
650 East Carmel Drive
Suite 400
Cannel, Indiana 46032
(317) 846-6514 FAX 843-8097
Memo
Page 2
Generally, both the United States Supreme Court and courts in
Indiana state that a taking does not occur merely because the
regulation deprives a property owner of the most profitable use
of his property. A taking will be found only where all
reasonable uses of a particular landowners property are
prevented by a zoning classification.
"Takings cases" do not arise to challenge the entirety of a
new zoning ordinance. Rather, they occur after a property owner
comes before the Board of Zoning Appeals requesting a change in
the zoning classification of the property. If denied the rezone,
the property owner may go to court and claim that the denial of a
rezone amounts to a taking of his property by the government
without just compensation because his property cannot be utilized
under its current zoning classification.
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