During our Review class for the state test we receive a list of things we should know. On that list under Public and Private Control, one of the things it lists for us to know is as follows:
A city wants to put a park in an area where no land has been set aside for a park. After paying just compensation for the value of the land, they may acquire it by: (Suit for condemnation).
My question is: Why would they file a suit for condemnation instead of filing a variance?
First off, congrats on finishing state prep! The reason a city would use condemnation in this situation is that there is no land set aside and they are trying to acquire it. It isn’t a matter of zoning, which is where a variance would come into play. Instead, it’s just a matter of obtaining the land for the park. Does that help clarify that question? Let us know if you have any further questions and I’d be happy to answer!