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Land-use planning subdivisions and other public control.
Some people feel that land is a commodity to be bought and sold like any other product. Private
deed restrictions. Most
attention regarding land-use control has focused on government
regulations however, it should be noted that for many years
convenants, the conditions, and restrictions (CC&Rs) in deeds
have been used by private individuals to regulate the real estate
usage.
Public land-use controls.
The two main powers to allow government to control land use are police power and the power of eminent domain.
Police power refers to a constitutional right of government to regulate private activity to promote the general health, welfare and safety of society. Police power has often been used in the United States to direct land-use. Major real estate example of police power include zoning ordinances, building and health codes, and environmental regulations, and rent controls. Police power allows government to regulate private land use because the payment of compensation. The power of eminent domain is different in that it allows the government to acquire title to private land for public use in exchange for the payment of just compensation. Evident domain is used for a variety of government land-use projects, such as highways, public housing and so on. All levels of government may exercise the power of eminent domain regardless of how unwilling to property owner may be. Zoning.
The zoning refers to the division of land into designated land-use districts. Zoning districts are divided into residential use, commercial use, industrial use, rural use. Each use in turn can have several subclasses. For example, multi-family, and mobile homes zones. Commercial zones are usually divided into retail, office, wholesale space. Industrial zones I divided into a light industry and heavy industry, and the rural zones into agricultural, the resource, or recreational use. Inclusionary zoning. Inclusionary zoning is an ordinance that requires a builder of new residential housing to set aside a designated number of units for low and moderate income people. If the developer refuses to provide the units, the building permit is the night
Subdivisions.
Another important use of police power a subdivision regulation. The subdivision regulations are used in all areas. A real estate developers are frequently required to provide water, sewer, paved streets, sidewalks, street lights, and school and park sites as a condition of being allowed to subdivide. |