Home : Legal Encyclopedia : Land use

Legal Encyclopedia - Land use

Table of contents

1 land use law: an overview

2 menu of sources

2.1 Federal Material

2.1.1 U.S. Constitution
2.1.2 Federal Statutes
2.1.3 Federal Regulations
2.1.4 Federal Judicial Decisions

2.2 State Material

2.2.1 State Statutes
2.2.2 Judicial Decisions

2.3 Other References

2.3.1 Key Internet Sources
2.3.2 Useful Offnet (or Subscription - $) Sources

3 other topics

land use law: an overview

In colonial America few regulations existed on the use of land due to the seemingly endless amounts of it. As society shifted from a rural to an urban society, public land regulation became important especially to city governments trying to control industry, commerce, and housing within its boundaries. The first zoning ordinance was passed in New York City in 1916 and by the 1930s, most states had adopted zoning laws. By the 1970s, concerns about the environment and historic preservation led to further regulation.

Today, federal, state, and local governments regulate growth and development through statutory law. The majority of controls on land, however, stem from actions of private developers and individuals. Three typical situations involving such private entities and the court system are: suits brought by one neighbor against another; suits brought by a public official against a neighboring landowner on behalf of the public; and suits involving individuals who share ownership of a particular parcel of land. In these settings judicial determination and enforcement of private land-use arrangements can not only reinforce public regulation but achieve forms and levels of control zoning cannot.

Two major federal laws have been passed in the last half century that curb the use of land significantly. These are the National Historic Preservation Act of 1966 (today embodied in 16 U.S.C. 461 et seq.); and the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.).

See also:

menu of sources

Federal Material

U.S. Constitution

Fifth Amendment (http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentv)
Fourteenth Amendment (http://www.law.cornell.edu/constitution/constitution.amendmentxiv.html)

Federal Statutes

U.S. Code:
- Title 30 - Mineral Lands and Mining
- Title 43 - Public Lands

Federal Regulations

Code of Federal Regulations:
- Title 30 - Mineral Resources (http://www.law.cornell.edu/cfr/30cfr.htm)
- Title 36 - Parks, Forest and Public Property (http://www.law.cornell.edu/cfr/36cfr.htm)
- Title 43 - Public Lands: Interior (http://www.law.cornell.edu/cfr/43cfr.htm)

Federal Judicial Decisions

U.S. Supreme Court:
- Lucas v. South Carolina Coastal Council (http://supct.law.cornell.edu/supct/html/91-453.ZS.html)
- Other Recent Land Use Decisions (http://supct.law.cornell.edu/supct/search/index.html?query=land+and+use+and+zoning)
U.S. Circuit Courts of Appeals: Recent Land Use Decisions (http://www.law.cornell.edu/usca/search/index.html?query=land%20%2Buse%20zoning)

State Material

State Statutes

State Statutes Dealing with Government Regulation of Land Use (County, Local, Municipal) (http://www.law.cornell.edu/topics/state_statutes.html#government_county)

Judicial Decisions

N.Y. Court of Appeals:
- Recent Land Use Decisions (http://www.law.cornell.edu/nyctap/search/index.html?query=land+and+use+and+zoning+not+liibulletin)
- Commentary from liibulletin-ny (http://www.law.cornell.edu/nyctap/search/index.html?query=liibulletin+and+((land+and+use)+or+zoning))
Appellate Decisions from Other States (http://www.law.cornell.edu/states/)

Other References

Key Internet Sources

Federal Agencies:
- Department of Interior (http://www.doi.gov/)
- Bureau of Land Management (http://www.blm.gov/)
- Environmental Protection Agency (http://www.epa.gov/)
- National Rural Development Partnership (http://www.rurdev.usda.gov/nrdp/)
- Department of Housing and Urban Development (http://www.hud.gov/)
LandUse (CIESIN) (http://sedac.ciesin.columbia.edu/tg/guide_frame.jsp?rd=LU&ds=1)
Historic Preservation (Preserve/Net) (http://www.preservenet.cornell.edu/)
ABA Section of Real Property, Probate & Trust Law (http://www.abanet.org/rppt/)
Nolo Legal Encyclopedia: Locating Your Business (http://www.nolo.com/article.cfm/ObjectID/0E475178-81BA-4C41-AF12C82B9D6D71F9/catID/38E631AA-2ACA-49D6-B5A793A1D63BB6C6/111/228/142/ART/), Neighbor Law (http://www.nolo.com/resource.cfm/catID/D0B308BB-D553-438E-94E8D66498A911D7/213/243/267/)
New York City Zoning Handbook (http://tenant.net/Other_Laws/zoning/zontoc.html)
Center for Urban Policy Research (http://policy.rutgers.edu/cupr/index1.htm) (Rutgers)
Urban Planning, 1794-1918: An International Anthology of Articles, Conference Papers, and Reports (http://www.library.cornell.edu/Reps/DOCS/homepage.htm)
American Planning Association (http://www.planning.org/)
Congress for the New Urbanism (http://www.cnu.org/)
International Federation for Housing and Planning (http://www.ifhp.org/)
Lincoln Institute of Land Policy (http://www.lincolninst.edu/main.html)
National Association of Regional Councils (http://www.narc.org/)
Urban Land Institute (http://www.uli.org/)

Useful Offnet (or Subscription - $) Sources

Good Starting Point in Print: Juergensmeyer and Roberts' Hornbook on Land Use Planning and Control Law (http://west.thomson.com/product/13348377/product.asp), West Group, (2003)

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