ABSTRACT
This chapter explains a primer on planning law in the broad sense, presenting in plain English the key concepts, authorities, and limitations every citizen planner. The most essential source of authority for local governments in the planning process is the "police power." The power of eminent domain—the power of the state and its local governments to purchase private property for public use with compensation but without the consent of the owner—is another essential authority. What types of local government actions satisfy the "public use" test in a land-use planning context? The key authorities in planning law include: the police power, the enabling authority, the power of eminent domain or condemnation, the power to raise revenues, and the federal and state laws that constrain or require local action. Just as the police power is a critical and inherent power of the state and its local governments, so is the power to tax, raise revenue, and spend for public purposes.
