ABSTRACT
Thus far, we have confined our analysis of land-use controls to private covenants, easements, and licenses. Private land-use controls arise over time through deeds, wills, and other conveyances that contain restrictions on the manner in which the land may be used or occupied. This chapter examines government land-use controls that restrict private property use and development. Through zoning, development exactions, and other land-use controls, states and municipalities place a broad set of restrictions on the use and development of private property. Zoning carries out government land-use policies by regulating the permissible use and size of privately owned buildings, and the density of neighborhoods. Development exactions refer to financial “strings” that governments attach to approvals and permits for new developments and subdivisions. Mapping is a means for municipalities to reserve private land for possible public use in the future. Mapped properties are purchased through negotiated acquisitions, or through the government’s exercise of eminent domain—the “taking” of private property for public use. The US Constitution requires government to pay landowners fair market value for property that is condemned for a public purpose.
