Old School: A Recommendation for the Treatment of the Disposition of Property Exempt from Local Zoning Ordinances in Kentucky
Kentucky Journal of Equine, Agriculture, & Natural Resources Law, Vol. 6 No. 2, 2013-2014
31 Pages Posted: 16 Dec 2014
Date Written: 2014
The legal treatment of the conveyancing of exempt property, such as property used for educational purposes, is both complex and inconsistent. Unlike ordinary properties, properties used for education are exempt from local zoning ordinances and even local tax codes. Thus, the conveyance of the property to a private entity and its later use for non-public purposes subjects the property both to zoning ordinances and tax regulation. But, as a matter of course, should this be the case? This article examines what happens when an exempt piece of property, specifically property used for the purpose of public education, is sold in Kentucky. The article also makes a recommendation about the disposition of exempt property. Part II of this Article reviews the change in population in the Commonwealth in greater detail and the effect that this change has on the use of public infrastructure, specifically demonstrated by the overabundance of disused public facilities. Part III unpacks the origins and facets of zoning regulation. Part IV discusses nonconforming uses and analogizes exempt properties to nonconforming properties. Part V addresses the current treatment of these kinds of properties in Kentucky and extra-jurisdictional methods for treating the sale of exempt property and properties with nonconforming uses. Finally, Part VI focuses on the central question of how the sale of exempt property should be treated in two prongs: (1) incorporation into zoning ordinances after disposition, and (2) the elements, if any, of exemption that should carry over to the new property, recommending an approach to incentivize the efficient use or sale and adaptive reuse of disused, exempt property.
Keywords: Zoning Ordinances, Land Use, Property, Local Government, Education, Higher Education, Law
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