Louisville, KY asked in Real Estate Law, Agricultural Law, Construction Law and Land Use & Zoning for Kentucky

Q: We were sold land in Spencer County, Kentucky and after the fact are being told it's zoned incorrectly.

We bought just over 8 acres of land and made plans to build a house. When we went to get our permit we were told that our land is zoned as Ag1 which has a minimum lot/tract size of 10 acres. Now the zoning department claims we have to pay to have the land rezoned as Ag2 to build on it. Is there a way to make the city/county correct this without even more out of pocket costs and city planning meetings?

1 Lawyer Answer

A: No. You’ll either have to file to rezone or sue to force them to correct the zoning. Either way, it is going to cost money.

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