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Government Control of
Zoning & Land Use
Law of Waste
• When the ownership of land is divided between an
owner of the possessory estate and an owner of
future interest, a problem often arises as to the
extent of the privilege of the owner of the
possessory estate to ‗change‘ the premises over the
objection by the owner of the future interest.
• The one in possession is forbidden such action as
will diminish the market value of the other interest;
and he be required to act in the maintenance of the
property by the payment of current charges and the
prevention of its deterioration.
Law of Nuisance
• Public nuisance includes a great number
of interferences with the comfort, moral
standards, health, safety, and
convenience of the community.
– Discharge of fumes
– Explosives in public place
– Offend public morals
– Interfere with comfort
– Upset public convenience
– Violate criminal statute
• A private nuisance is an interference with
the use or enjoyment of land, other than
by direct physical invasion or trespass.
Unlike a public nuisance, a private
nuisance normally only affects a limited
number of landowners and typically
involves a dispute between adjoining
landowners.
Eminent Domain
• Government may control land in a variety
of ways.
• Eminent domain – the power to ‗take‘
private property for public use (or for a
public purpose) without the owner‘s
consent.
• May be delegated.
• Just compensation must be given
Control of Land Use by Zoning
• Residential
• Commercial
• Industrial
• Agricultural
• Recreational
Use Restrictions