Land Use Controls and Regulations
Government and private parties both place limits on how land may be used. This topic covers public controls such as zoning and eminent domain, and private controls such as deed restrictions and easements.
Public Controls: Police Power and Eminent Domain
Under police power, government regulates land use to protect public health, safety, and welfare through zoning ordinances, building codes, and environmental rules. Zoning separates uses (residential, commercial, industrial) and may allow variances or nonconforming uses. Eminent domain is the government's power to take private property for public use, which requires just compensation through the condemnation process. Escheat returns property to the state when an owner dies without heirs or a will.
Private Controls: Easements and Restrictions
Deed restrictions and restrictive covenants are private limits placed by developers or prior owners, often enforced through a subdivision's declaration. An easement is a right to use another's land for a specific purpose, such as an access driveway or utility line. An easement appurtenant benefits an adjoining parcel, while an easement in gross benefits a person or company. Encroachments occur when an improvement extends over a boundary line.