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State, Local & Municipal Law
State, local, and municipal law encompasses a broad range of topics, including land use and zoning, as well as the rules, regulations, ordinances, bylaws, and policies that a municipality or state uses to govern its affairs. State, local, and municipal law typically relates to land use, zoning, schools, property assessments, taxes, water, sewer, electric, and gas distribution; it also pertains to streets, highways, and services such as police and fire protection.
Regulating States and Municipalities
Municipal and state governments are entities that operate under a state or municipal charter under which are a number of laws, regulations, and policies. These laws, regulations, and policies are drafted and carried out by elected officials such as selectmen, city council members, planning and school board officials; they serve to dictate how the municipality or state will be run.
State, local, and municipal law affects everyone in the community, including government agencies, commercial and industrial property owners, and homeowners. State, local, and municipal laws vary tremendously, depending on the community or state. Some communities and states—typically those that are densely populated—New Jersey and California, for example, are more strictly regulated than others such as Montana or Alaska.
Practicing State, Local and Municipal Law
Attorneys practicing state, local, and municipal law represent public and private sector clients, from property owners and real estate developers to municipalities and state agencies. Attorneys who practice state, local, and municipal law must have expertise in all areas of state, local, and municipal law. The practice of state, local, and municipal law is often multi-disciplinary.
Zoning and land use law governs real estate and development in a municipality or state. These laws dictate how land or real estate property is developed, and include such considerations as density requirements, protection of environmentally sensitive areas, lot sizes, frontage requirements, and square footage requirements.
In addition to land use and zoning law, attorneys practicing state, local, and municipal law are involved in municipal employment disputes as well as personal injury or personal property cases that involve municipal employees, the creation of laws and ordinances, bond hearings, challenges to property assessments, right of way disputes, and injuries resulting form dangerous street intersections.
Other issues that involve attorneys who practice state, local, and municipal law include easements and rights of ways for transportation corridors, eminent domain in which the government is allowed to condemn private land for public use with compensation, and historic properties.
By Heleigh Bostwick
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