What is the legality of downzoning for critical areas protection?
Downzoning is the practice of rezoning an area from a more intensive use to a less intensive use. It is not inherently unlawful to downzone. The fact that the property may not have as great a value after the rezone does not invalidate the rezone action or necessitate the payment of damages by the city. While property owners must be allowed some reasonable use of their property, a city does have a right to change zoning in order to prevent a harm or protect critical areas, even if in so doing the property value is diminished. Nevertheless, a city must carefully evaluate whether a proposed downzone might constitute an unconstitutional taking of private property. If application of critical area guidelines or regulations to a particular piece of property would prevent development on the property to such extent that the property owner is denied “all economically viable use of any parcel of regulated property,” the city may be liable for damages for a taking of the property, whether the taki
