ABSTRACT
The national land development boom is testing the adequacy of traditional zoning, other local growth controls, and federal and state environmental protection measures. Recent United States Supreme Court decisions on control of real estate development are thought by some to tip the balance in favor of development. The police power provides regulatory tools that can be tailored to fit the nature of the community, perceived threats to resources, degree to protection desired, and structure of local government. Developers complain bitterly about land use restrictions adopted first, and justified later, with no scientific basis. The United States Supreme Court decision in Nollan tells people that government must establish a “clear” relationship between a restriction on land use, such as the limit on house construction in the coastal zone involved in the case, and the legitimate police power purposes to protect the public health, safety, or welfare.
