Falmouth ordered to pay landowner nearly $1M – Cape Cod Times

Falmouth ordered to pay landowner nearly $1M

Where Falmouth goes with this bears watching. We have a similar 50 foot no disturb zone from the top of a coastal bank in Dennis. We have not, as of yet had an empty lot come forward for relief under this section of the Zoning By-law.  Such zoning relief would fall under the Board of Appeals consideration for a soil, shape or topography relief.

As to this particular case, I find it interesting that the award was based upon current assessed value. Past takings cases have hinged a lot on the concept of “investor-backed expectations.”  Such expectations could be the actual value the property was purchased for, perhaps combined with taxes paid over the years since the local regulations were adopted. The owners did not “invest” the current assessed value of the property.

Definitely, one to watch, I would expect Falmouth to at least try to reduce the award.


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