Zone Planning And Land Use

Zoning and land use planning are governed by both federal and states laws, depending on who has jurisdiction over the subject property. Zoning refers to the local government's permit for specific uses of certain lands. Parcels of land can be designated as commercial, residential, or special. Mixed residential-commercial areas are areas where commerce and residences are grouped together, while special areas are areas allocated for sports complexes, areas, and malls. Land can also be designated as agricultural or industrial. In addition, zoning is also used to designate the types of buildings that can be erected in a certain area. With respect to the construction of buildings and houses, local governments has different requirements.

Zoning laws vary from state to state but the goal is the same -- to separate incompatible property uses. This means that industrial areas are designated certain distance from residential areas to minimize any untowardly incidents that typically happen in industrial zones. In addition, zoning laws are also sensitive as to the needs of the citizens, providing different access roads for industrial trucks and family cars. Zoning is an inherent power of the state, which is why there are numerous legal issues arising from this power. States, in order to provide the basic services needed for its citizens, routinely tramp over the property rights of individuals or private entities. In addition, one of the complaints of citizens with respect to zoning would be social and economic segregation through exclusion. Moreover, there are complaints with respect to taxes as municipalities are able to artificially maintain high housing costs.

One of the most common legal disputes with respect to zone planning and land use would be disputes between neighbors with respect the right to build. It is not uncommon for prospective property buyers to consider the "view" from the property as an essential factor in deciding whether to purchase such property. The "view" increases the value of the property, which is why properties with views are purchased easily. This view, however, can be obstructed because of another person's right to build. All persons are granted the right to build, for as long as the building requirements are complied with. But this right often interferes with another's person privilege. In the suits arising from a neighbor's right to build, it is best to contact an expert land use attorney as there may be intricacies accompanying this dispute that cannot be seen at plain sight by an ordinary property buyer.

Another common legal dispute with respect to zone planning and land use is property easements. There are numerous ways that another person may encroach upon the property of another person without being detected. Often, the property at issue may be a small portion of the property but the cost of litigating the issue may not be commensurate as to the value of the encroached property. The laws provides for various remedies to property owners whose land has been eased upon, with some of the remedies not requiring expensive litigation. It is thus best for property owners to seek the help of a counsel to determine which remedy to pursue in order to avoid costly litigation.

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Intellectual Property Law - Legal Information and Resources

Intellectual Property

Intellectual property law protects ownership of creative works. Intellectual property law ensures creators that they can profit from their works, while others can't without their permission. Intellectual property law also induces individuals to produce creative works that are beneficial to society. Intellectual property is composed of patents, trademarks and copyrights and each provides protection for specific types of work. The U.S. Patent and Trademark Office has authority over patents and trademarks, while the U.S. Copyright Office has authority over copyrights. The two governmental agencies are under the authority of Congress.

A patent is granted to the owner of a work so that others cannot use the work for any purpose. Congress authorized the issuance of patents so inventors would feel safe to disclose their creations to the public. In the United States, a patent expires after 20 years from the date filing of an application. After 20 years, the patent will be public property and anyone has the right to use the patent. To apply for a patent, there are requirements that must be complied with. Among other requirements, an application must be filed within one year of certain acts, the description of the invention must be complete, and the invention must be new. Patent law in the United States is not applicable to some countries in the world. Thus, if the creator seeks global protection of his work, the creator must apply for patent in those countries. Not all creations will meet the requirements for patent protection. If a creation is obvious in design, not useful, or morally offensive, the application will be denied.

Trademarks protect symbols, names, and slogans used to identify goods and services. The purpose of obtaining trademark is to distinguish one's product from another. Trademark rights can be obtained by either (i) filing a mark with the Trademark Office or (ii) by actually using the mark in commerce or in association with a service. Filing a mark is not required although it can create a nationwide priority of rights in the mark against any other person who subsequently uses the same or confusingly similar mark. The requirement in filing a mark is the applicant's bona fide intent to use that mark for products or services. Without bona fide intent, the filing may be deemed invalid and the applicant may be subjected to penalties.

Copyright protects the expression of ideas and is granted to creators of original intellectual and artistic works. Copyright is automatic upon creation and, in the United States, lasts for the life of the creator, plus 50 years. Works that subject to copyright include books, pictures, sculptures, music, movies, and computer programs. By obtaining copyright, the creator has the right to reproduce his work, make derivative works, and distribute or sell the work to the public. In the case of music or movies, the creator has the right to perform the work publicly, and, in the case of sculptures, display the work to the public.

Patents, trademarks, and copyrights are lucrative properties that must be protected by law. It is therefore crucial to seek the assistance of intellectual property law experts in drafting documents and complying with requirements needed for applications. The major issue arising from intellectual property law is infringement, which is the unauthorized use of intellectual property. To prevent infringement, application for patents, trademarks and copyrights is necessary. When an infringement dispute goes to court, the person who filed and obtained the intellectual property protection is given preference over the party who didn't. Infringement cases, however, are expensive, so it is crucial to refer to an intellectual property law attorney first before proceeding with any litigation.

Areas of Law