Land Use Regulations

Private and Public Land Use Controls

Private land use controls are deed restrictions and covenants created by owners and developers, enforced by those who benefit. Public controls come from government powers: police power (regulating for public health, safety, morals and general welfare, the basis for zoning, building codes and subdivision rules), eminent domain (taking private property for public use with just compensation, through condemnation), taxation, and escheat. A regulation can go so far that it becomes a 'taking' requiring compensation. Under New York's open meetings law, often called the Sunshine Law, meetings of planning and zoning boards are open to the public.