Land-Use Control - Private Land-use Restrictions, The Master Plan And Official Map, Planned Communities: Read The Fine Print
development urban city housing
Activities such as ZONING, the regulation of the development of real estate, and city planning.
Land-use controls have been a part of Western civilization since the Roman Empire in 450 B.C. promulgated regulations concerning setback lines of buildings from boundaries and for distances between trees and boundaries. Regulations on the use of land existed in colonial America, but the demand for public regulation of real estate development did not become significant until the twentieth century. As the United States shifted from a rural to an urban society, city governments sought to gain control over the location of industry, commerce, and housing. New York City adopted the first comprehensive zoning ordinance in 1916. By the 1930s zoning laws had been adopted in most urban areas.
The development of master plans and zoning regulations became an accepted part of urban life. Following WORLD WAR II, housing patterns shifted from the inner city to suburbia. The suburbanization of the United States led to the creation of discrete housing developments. Growing suburban communities began imposing regulations on the amount and type of housing that would be allowed within their municipal boundaries. Beginning in the 1970s, as urban sprawl created problems that crossed municipal borders, attention turned to regional planning. Concerns about the environment and historic preservation led to further regulation of land use.
Federal, state, and local governments, to varying degrees, regulate growth and development through statutory law. Nevertheless, a majority of controls on land stem from actions of private developers and government units. The use of land can be affected by judicial determinations that frequently arise in one of three situations: (1) suits brought by one neighbor against another, (2) suits brought by a public official against a neighboring landowner on behalf of the public at large, and (3) suits involving individuals who share ownership of a particular parcel of land.
Additional Topics
Defeasible Fees In defeasible fee estates, the grantor gives land to the grantee, subject to certain conditions. For example, A might convey a parcel of land to B, provided that it be used for school purposes. The effect of the defeasible fee is that it restricts the use of the property by the possessor. Failure to observe the conditions causes the property to revert to the grantor. Estates of thi…
The master plan takes into account the location and type of activities occurring on the land and the design and type of physical structures and facilities serving these activities. Long-range projections of population and employment trends are considered. The planning process is designed to enable a locality to plan for the construction of schools, streets, water and sewage facilities, fire and po…
One in eight people in the United States live in planned communities, which include townhouses, condominiums, co-ops, and entire real estate developments containing single-family homes. A common feature of all planned communities is a homeowner association, which oversees the maintenance and administration of the real estate, especially the common areas shared by all owners. A board of directors o…
Zoning is the regulation and restriction of real property by a local government. It is the most common form of land-use regulation, as municipalities rely on it to control and direct the development of property within their borders, according to present and potential uses of the property. Zoning involves the division of territory based on the character of land and structures and their fitness for …
A nuisance can be both private and public, since certain activities may be sufficient to constitute a public nuisance while still substantially interfering with the use of the adjoining land to such a degree that a landowner may sue on the ground that a private nuisance is present. Private nuisance refers to the property interest affected, as opposed to the type of conduct. In Karpiak v. Russo, 45…
In Karpiak v. Russo, 450 Pa. Super. 471, 676 A.2d 270 (1996), the Pennsylvania Superior Court ruled that a landscaping supply business that produced dust, loud noises, and unpleasant smells in an area that contained homes as well as businesses was not a private nuisance. The decision illustrates the need for those complaining of a nuisance to prove significant harm. The court rejected these claims…
Waste comes in four forms: voluntary, permissive, ameliorating, and equitable. An intentional act that diminishes the value of land constitutes voluntary waste. Permissive waste is the omission of expected maintenance to land or its property. Ameliorating waste is a land use that is not authorized by the owner but nevertheless improves the value of the property. Finally, if a use is inconsistent w…
Eminent domain may be exercised by numerous local government bodies, including drainage, levee, or flood control agencies; highway or road authorities; and housing authorities. For example, if a city wishes to build a new bridge, and the land it needs is occupied by 60 houses, it may use its eminent domain power to take the 60 houses, remove the buildings, and build the bridge. The government must…
Since the 1950s more attention has been paid to the preservation of historic districts. Purchase or condemnation by the government for historic preservation purposes is valid. More important, acts establishing historic districts have been upheld as promoting the public welfare. State and local preservation laws have been bolstered by the federal National Historic Preservation Act of 1966 (16 U.S.C…
Western quarrels with federal management of the land grew into the socalled Sagebrush Rebellion of the late 1970s and early 1980s. This was an attempt by several states to wrest control over land management from the federal government and turn it over to state authorities. The rebels argued that local control would mean less bureaucracy and more responsiveness than could be offered by the federal …
NEPA requires that every federal agency submit an environmental impact statement (EIS) with every legislative recommendation or program proposing major federal projects that will most likely affect the quality of the surrounding environment. An EIS may be required for projects such as the rerouting of an interstate highway, construction of a new dam, or expansion of a ski resort on federally owned…
Government and judicial bodies usually attempt to make land-use policies responsive to emerging concerns and developing needs. Conflicts result from situations in which localities attempt to block or ignore those needs or from situations in which the response is challenged as an overextension of the police power. The complexity of urban problems and the growth of urban areas place constant tension…
Chapman, Stephen B., and Robert L. Glicksman. 1996. "Regulatory Reform and (Breach of) the Contract with America: Improving Environmental Policy or Destroying Environmental Protection?" Kansas Journal of Law Public Policy 5 (winter). Ellickson, Robert C., and Vicki L. Been. 2000. Land Use Controls: Cases and Materials. 2d ed. Gaithersburg: Aspen Law & Business. Feller, Joseph …
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