[DOWNLOAD] "William Bevan and Wava Bevan v. Township" by Supreme Court of Michigan # eBook PDF Kindle ePub Free
eBook details
- Title: William Bevan and Wava Bevan v. Township
- Author : Supreme Court of Michigan
- Release Date : January 09, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
We must decide whether enforcement of a township ordinance which restricts the use of plaintiffs' land amounts in this case to an unconstitutional ""taking"" without just compensation. Plaintiffs own approximately six acres of undeveloped land which does not front on a public road. Their predecessor in title had divided the parcel into two contiguous lots, each with its own tax description, and the lots were sold separately to plaintiffs. The only access to plaintiffs' property is an easement 20 feet wide and 290 feet long across a neighbor's land. Under township land-use ordinances adopted after plaintiffs acquired title, the land is zoned for single family homes, and one house may be built on the property. Plaintiffs are restricted from building two or more houses on the property unless access is made available over a road with a right of way width of at least sixty-six feet. Because the access regulation in question serves a legitimate governmental interest and does not deny the owners economically viable use of their land, we conclude that enforcement does not effect an unconstitutional taking of plaintiffs' property. Accordingly, we reverse the decision of the Court of Appeals.