Land Use Controls and Regulations
Governments and private parties both restrict how land may be used. These controls balance individual property rights against community welfare.
Public Controls
Zoning ordinances, building codes, and subdivision regulations are exercises of police power that protect public health, safety, and welfare. A variance or special-use permit may allow a use that departs from the strict zoning rules. Eminent domain lets government take private property for public use with just compensation.
Private Controls
Deed restrictions and restrictive covenants, often established by a developer, limit how owners may use their lots. When enforced by a homeowners association, these covenants govern items like architecture and setbacks. Private controls cannot be used to discriminate against protected classes.
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