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John Talbott

John Talbott

Real Estate Law

Kentucky

Biography
Practice Area
Real Estate Law Land Use & Zoning
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Practice FAQs
Real Estate Law
Q: How can a zoning and land-use attorney help obtain approval for a real estate development in Louisville or elsewhere in Kentucky? A: A zoning and land-use attorney can help from initial due diligence through final approval. I evaluate the property’s zoning, applicable comprehensive plan and development regulations; identify the approvals and likely obstacles; and help develop the legal and public-approval strategy. I also coordinate with planners, engineers, and traffic consultants; work with planning staff and other agencies; present the application at public hearings; and address neighborhood or governmental concerns. Involving counsel before the property is purchased or the design is finalized can help identify problems early and avoid unnecessary delay or expense. For more than 30 years, I have guided residential, commercial, mixed-use and industrial projects.
Q: What approvals may be required for a development project, including rezoning, conditional use permits, variances, waivers and development plans? A: The required approvals depend on the property’s current zoning, the proposed use, the site design and the local jurisdiction. A project may require a rezoning, conditional use permit, variance, waiver, development plan, subdivision approval or amendment to an existing plan. It may also require reviews concerning access, traffic, drainage, utilities, landscaping, environmental conditions and other development requirements. Some approvals are decided by planning commissions or boards of zoning adjustment, while others require action by a city council, fiscal court or Louisville Metro Council. Identifying the necessary approvals—and the order in which they should be pursued—is an important part of the project’s early due diligence.
Q: Can a planning commission, board of zoning adjustment or local government zoning decision be appealed in Kentucky? A: Yes. Depending on the decision and the party seeking review, a final zoning or land-use decision may be appealed to the appropriate Kentucky Circuit Court. Kentucky law generally requires an appeal under KRS 100.347 to be filed within 30 days after the final action, and the statute generally treats the date of the governmental body’s vote as the date of final action. Zoning appeals also have specific requirements concerning standing, the parties who must be named and the issues that may be reviewed. Because missing technical requirements can eliminate the right to appeal, an attorney should be consulted as soon as any opposition that might appeal appears likely.
Fees
Free Consultation
Jurisdictions Admitted to Practice
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Kentucky
Education
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University of Louisville Brandeis School of Law J.D. (1993)
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Honors: Journal of Law and Education
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Vanderbilt University B.S. (1990)
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Honors: Undergraduate Honor Council
Awards
Land Use and Zoning Law The Best Lawyers in America

Awarded to the top 3% of lawyers globally.
Associate of the Year (non-builder award) Building Industry Association of Greater Louisville

The Associate of the Year award by the Building Industry Association of Greater Louisville is given to the top non-builder member of the organization.
Professional Associations
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Kentucky State Bar Member
Websites & Blogs
Website Bardenwerper Talbott & Pregliasco, PLLC
Badges
Claimed Lawyer Profile Social Media
Contact & Map
Bardenwerper Talbott & Pregliasco, PLLC
1000 N. Hurstbourne Pkwy.
Louisville, KY 40223
US
Telephone: (502) 426-6688
Cell: (502) 741-8783
Monday: 9 AM - 5:30 PM
Tuesday: 9 AM - 5:30 PM
Wednesday: 9 AM - 5:30 PM
Thursday: 9 AM - 5:30 PM
Friday: 9 AM - 5:30 AM (Today)
Saturday: Closed
Sunday: Closed

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