• Deduction for Zoning Changes?

    From Stuart O. Bronstein@21:1/5 to All on Fri Jun 9 12:10:55 2023
    A business owner has a 1000 square foot lot he has been using for
    parking. The Department of Transportation has come out and essentially
    changed the zoning and eliminated the lot as a place for parking.

    Is there some sort of tax deduction for something like that - when the government does something to make a property worth significantly less
    than it had before?

    Yes, there may be a claim that it's a "taking" that needs to be
    compensated. But that's a different question.

    Thanks for any thoughts.


    --
    Stu
    http://DownToEarthLawyer.com

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  • From Adam H. Kerman@21:1/5 to Stuart O. Bronstein on Fri Jun 9 15:15:02 2023
    Stuart O. Bronstein <spamtrap@lexregia.com> wrote:

    A business owner has a 1000 square foot lot he has been using for
    parking. The Department of Transportation has come out and essentially >changed the zoning and eliminated the lot as a place for parking.

    Is there some sort of tax deduction for something like that - when the >government does something to make a property worth significantly less
    than it had before?

    It's evidence that the land is now overassessed, which would be a matter
    for the land owner to take up with the county assessor. That would
    reduce future property taxes.

    I don't know of any effect upon income taxes.

    Yes, there may be a claim that it's a "taking" that needs to be
    compensated. But that's a different question.

    Do building and zoning codes create property rights in and of
    themselves? They do affect the market value of the land and building
    and other improvements, but I'm not familiar enough with the law that
    once land receives zoning favorable to the landowner, that has created a property right and no future government decision can affect how the land
    may be developed.

    Is it in a flood plain? Did the flood plain map change? Can cars be
    parked there if the surface is changed to permeable?

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    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
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