Land Use Controls and Regulations
Both government and private parties can limit how land is used. This topic covers public controls such as zoning and the government's inherent powers over land, as well as private controls like deed restrictions.
Government Powers Over Land
There are four traditional government powers over private property, easily remembered as PETE: Police power (regulating use for public health, safety, and welfare, e.g., zoning and building codes), Eminent domain (taking private property for public use through condemnation, with just compensation), Taxation (levying property taxes, which become a lien), and Escheat (property reverting to the state when an owner dies with no heirs and no will). None of these require the owner's consent.
Zoning and Public Land-Use Tools
Zoning divides a community into districts (residential, commercial, industrial, agricultural) and regulates use, density, height, and setbacks. When an owner needs relief, a variance permits a use that departs from the zoning rules due to hardship, and a conditional (special) use permit allows a specified use like a church or school within a district. A nonconforming use is a pre-existing use that no longer complies with new zoning but is allowed to continue ('grandfathered'). Building codes and subdivision regulations set construction and development standards.
Private Land-Use Controls
Private restrictions limit use without government action. Deed restrictions and restrictive covenants (often called CC&Rs in a subdivision or planned community) are placed by developers or prior owners and run with the land, binding future owners. When public zoning and a private restriction conflict, the more restrictive of the two generally controls. Easements grant a right to use another's land (for access or utilities) and are also a private encumbrance on how land may be used.