Underutilized Lands Law and Legal Definition

Underutilized lands are those lands that are utilized less than fully or below the potential use.

The characteristics of underutilized project lands are:

a. development of only a small amount of total land;

b. development behind schedule;

c. failure to meet annual management objectives;

1d. low or declining public use; and

e. unused recreation facilities.

The following is an example of a case law on underutilized land:

Underutilized land means developable land within a district that would otherwise qualify as substantially developed land, but which contains land, buildings, and/or structures that are currently underutilized and may potentially be developed, recycled, or converted into residential or mixed-use development. Part or all of a parcel of land shall be considered underutilized if it is no longer necessary to support the current use, based on factors including but not limited to current and projected employment levels, vacancy rates, and parking demand. [DiRico v. Town of Kingston, 458 Mass. 83, 88 (Mass. 2010)].