The bulk of the materials, beginning with Chapter IV, looks at public relation of land use. Chapter V presents the central constitutional problem of how far government regulation of land use may go before encountering constitutional restrictions on the taking of property for public use or purpose without just compensation. Chapter VI is devoted to application of the regulatory taking principles to the prevention and regulation of land development. The basics of zoning make up the seventh chapter. The final chapter deals with aesthetic regulation and preservation of resources.
PrefaceTable of Cases Chapter The Many Facets of Land Use Law The Common Law Foundations Underlying Public Regulation of Land Use The Nature of Property Rights The Law of Nuisance Servitudes and Restrictive Covenants Local Land Use Planning and the Regulatory State Public Policy and the Economics of Land Use Regulation Historical Development of Land Use Planning The Players in the Land Use Game The Content and Effect of the Master Plan State and Regional Planning The Basics of Zoning History of Zoning Zoning, Rezoning, and Conformance With the Comprehensive Plan Zoning Administration and Flexibility Nonconforming Uses Accessory Uses Home Occupations Community Building: Subdivision Control and Infrastructure Regulation of the Subdivision of Land The Official Map and Public Streets Developer Agreements and Vested Rights Smart Growth and Growth Management Introduction Moratoria Growth Management Centers of Growth and Development Smart Growth Techniques Local Environmental Law Historical Overview Advent of Local Environmental Law Resource-Specific Local Land Use Regulations Preserving Aesthetics, Historic Places and Cultural Interests Aesthetics and Architectural Control Historical Landmark and Cultural Preservation Constitutional Limits on Local Control of Land Uses Introduction Regulatory Takings Statutory Control and Other Limits on Local Land Uses Federal Preemption State Preemption Intergovernmental Conflicts Zoning and Discrimination Discrimination and Housing Discrimination Against Particular Uses Review by the People, Parties, and Courts Review by the People-Consent, Initiative and Referendum Mediation Review by the Courts Index