Land Use Controls and Regulations
This topic distinguishes public controls such as zoning and eminent domain from private controls such as covenants and easements.
Public Controls
Under police power, government regulates land use through zoning ordinances and building codes to protect public health, safety, and welfare. Variances allow specific deviations for hardship, and conditional use permits allow listed uses under conditions. Eminent domain lets government take property for public use with just compensation through condemnation. Escheat returns property to the state when an owner dies without heirs or a will.
Private Controls
Private controls include restrictive covenants and deed restrictions placed by developers or prior owners and enforced among owners. An easement grants a right to use another's land, appurtenant (benefiting a neighboring parcel) or in gross (benefiting a person or utility). Encroachments occur when an improvement crosses a boundary and can cloud marketable title.