Land Use Controls

1
Land Use Controls
2
Zoning

• Allowed because the police power of each state
  gives the state authority to protect the health,
  safety, and general welfare of its citizens.
• How it works
• Problems of no zoning or poor zoning.
• Variances
• Grandfathered (non-conforming) uses

3
Building Codes

• What are building codes?
• What purpose do they serve?
• Why not let economic forces simply dictate
  building quality?

4
Subdivision Requirements

• FHA and VA have set minimum standards for the
  subdivision in which they will underwrite loans.
• Office of Interstate Land Sales Registration has
  disclosure requirements for large land
  developments.
• What types of things might subdivision
  requirements include?

5
Restrictions by Private Agreement

• Restrictive use requirements (park, church,
  senior center, residential, etc.)
• This is a limited conveyance of rights.
• Ownership can be forfeited if the restriction is
  violated.
• Deed restrictions are much more common.
• What are some common examples of deed
  restrictions?
• What purpose do they serve?
• What happens when they are violated?

6
Termination of Restrictions

• By time, generally 25 35 years
• By failure to enforce
• By agreement of parties
• By new zoning requirement which takes precedence
• By condemnation of the property for public use
• By other legislative action

7
Eminent Domain

• What is it and how does it work?
• The taking is not always for a purely public use.
• Damages more than just the actual value of the
  land taken may also be paid.
• severance damages
• consequential damages
• inverse condemnation (action taken by owner)

8
Restrictive Rules and Government Influence

• Do restrictive rules classify as a taking?
• Read court cases in book.
• The government can influence land use and control
  without actually making direct requirements on
  the owner.
• Examples include flood insurance and other
  mortgage requirements.

9
Restrictions Due to Lack of Service

• Infrastructure requirements for growth
• Effect of no-growth restrictions
• On developed properties
• On un-developed properties

10
Environmental Impact Statements

• Originally required for government projects.
• Now required by local and state governments for
  private projects.
• Size threshold varies from location to location.