ABSTRACT
The term "land use" implies the notion that land is an inherently productive commodity, as it can grow crops, serve as the site for a home or business, and provide valuable natural resources such as oil, lumber, or coal, among numerous other uses. The roots of land use in the United States lie in the notion of property. Arguably, all land-use conflicts that arise in US law can be framed within the larger question of where the limits of property rights should be drawn. The use of the police power to regulate land use gave rise to the concept of "regulatory taking," meaning that a regulation was so burdensome to land use that it effectively constituted a taking of private property. America inherited from the English the common law concepts that protect property. The common law notion of "nuisance" is such a form of protection of property.
