Land Use Control of unreasonable land use * deprive use or value of adjacent land HI * physical vs. “intangible” LO * permanent vs. temporary * hard to avoid vs. easy to avoid * intentional vs. unintentional * negligent vs. accidental * social value vs. “vice” (community standards)

Land Use Damages vs. injunctive relief Proof of standard can be difficult (Salt Lake City case) Easier to support control rather than prohibition Class action helps groups of small land owners when confronted by large land owner

Land Use Soil Support- rights extend to lateral support of adjoining land <Case 1> My land Your land Your land My land Both parcels unimproved You excavated- my land is diminished

Land Use Soil support <Case 2> Your land My land My land My parcel is improved Did my improvements cause loss of land?

Land Use Must use reasonable care Many jurisdictions have excavation statutes for notification and protection of adjacent structures Must also be careful not to interfere with the natural flow of water- strictly liable Slowly adopting reasonable use rules: (necessity, care, benefit vs. harm, acommodation and improvement)

Land Use Easements Light and shadow Air flow Views Access to public spaces or utilities Restrictions of air space

Land Use Grantor can control subsequent use through “restrictive covenants” Very common in housing developments, industrial parks, and government supported (subsidized) developments Can bind all sellers and buyers through purchase agreements and deeds Can be quite rigid- usually have to do with use (no animals or businesses on premises) Are increasingly being used for architecture and aesthetics

Land Use Public control through land planning, zoning, and regulations (FAR, parking, tax incentives, etc.) Condemnation and eminent domain rights are limited. Must be for the “public good” and must provide reasonable compensation for existing land owner Does not apply to nuisance, arrearage, and abandonment

Land Use Flexibility in land controls and planning Variances and special use permits Nonconforming uses- amortization periods, grandfather clauses (root beer maker in BWCA) If too many variances are granted, it can be hard to prove “non-conforming use” Rezoning- usually requires consent of adjoining land owners Contract and bonus zoning- rehabilitation or re-development, public-private partnerships, planned growth, community or village concept, similar to planned unit development for unimproved land

Land Use Environmental control and liability Clean air and clean water act EPA laws of late 1960’s and early 70’s Jurisdictional disputes Problems with national level policies Moving towards cooperation and technical support as opposed to confrontation and enforcement

Land Use Managing growth and new technologies Air rights Mineral rights Brownfield developments Redevelopment Mixed use requirements Community based decision making